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.