Depending on court, duty to preserve data in employee's personal cloud may arise if employer has "practical ability" access it or a "legal right" to info.
Some courts hold that parent companies with sufficient control over subsidiaries may have duty to ensure preservation of subsidiary's documents and ESI.
Implementing a legal hold to preserve relevant information is required upon a credible threat of litigation and preservation efforts must be reasonable.
Litigation hold notices are generally privileged, but the privilege may be lost if evidence is spoliated or through use of poor litigation hold procedures.
Monetary sanctions--even punitive damages--are proper sanctions for evidence spoliation. But what about cases in which monetary damages are not recoverable?
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