Liability Alert

Mondaq Business BriefingUnited States Law Articles in English (2008)

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Liability Alert

Contents:

Know When To Hold'em - When Do You Have A Duty To

Preserve Evidence?

"Litigation Holds" - A Quick Primer And

Practical Tips

Accident Reconstruction Experts Can Offer Opinion On

Vehicle Speed After Recent Change To North Carolina Evidence

Code

Marketing And Advertising: Express Warranty Or

Puffing?

KNOW WHEN TO HOLD'EM - WHEN DO YOU HAVE A DUTY TO

PRESERVE EVIDENCE?

The duty to preserve evidence may seem obvious once a

lawsuit is filed or you receive a subpoena or notice of a

government investigation.1   The duty to

preserve may arise before that point, however.  Courts

have ruled that the duty to preserve arises when you can

"reasonably anticipate" litigation or the request for

information.  What does that mean? 

Unfortunately, determining when the duty to preserve is

triggered cannot be reduced t...

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