Archive: June 19, 2006

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Court Declines to “Second Guess” Expert’s Advice on Litigation Hold

Court Declines to “Second Guess” Expert’s Advice on Litigation Hold

Kemper Mortgage, Inc. v. Russell, 2006 WL 2319858 (S.D. Ohio Apr. 18, 2006)

Plaintiff submitted a letter request to the court regarding a litigation hold, and the court heard oral argument on the request by telephone with both parties participating. Plaintiff represented that its computer forensics expert had advised that a “litigation hold” be effected by making a mirror image of plaintiff’s corporate server, laptops, and a branch server, at a cost of roughly $4,000. Plaintiff sought the telephone conference “to discuss the Court’s wishes on the preservation of evidence through the litigation hold, and which party will bear the related costs.” Read More

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