Todd R Fairman

Todd R Fairman

February 05, 2018 | The Legal Intelligencer

'Things Just Couldn't Be the Same' After the 'Lynyrd Skynyrd' Spoliation Decision

Most lawyers know to advise their clients to preserve evidence in their “care, custody or control” relevant to pending or threatened litigation. But exactly how far does “control” go? Can a party be sanctioned for spoliation for failing to issue a legal hold notice to a third party who has no obligation to follow your legal hold instructions?

By David R. Cohen and Todd R. Fairman

8 minute read