Court Rejects Sanctions Based on Party's Efforts to Remediate Data Loss
Medidata Solutions v. Veeva Systems offers key lessons regarding the need for effective preservation measures in connection with an organization's litigation readiness.
January 27, 2022 at 10:00 AM
6 minute read
Litigation readiness for organizations generally begins with basic ESI preservation steps, including litigation holds, relevant source checklists, and follow up steps with custodians. In some instances, however, the basics may not be enough. Given the frequency of data loss from custodial and non-custodial sources, companies should also consider incorporating remediation strategies into their approach to preservation to better ensure defensibility. Medidata Solutions v. Veeva Systems (S.D.N.Y. Sept. 22, 2021) shows the wisdom of this approach.
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