Arbor, LLC v. Herrick, LLP (NY AppDiv, 2016)

Key Insight: Sanctions for failure to preserve. Plaintiff did not issue a litigation hold until 23 months after reasonable anticipation of litigation.

Nature of Case: Legal malpractice

Electronic Data Involved: ESI destroyed under plaintiff’s record destruction policies: Backup tapes, routine deletion of emails, erasure of hard drives/email accounts.

Keywords: Preservation, spoliation sanctions, adverse inference charge, litigation hold.