A recent New York state Supreme Court decision, Ahroner v. Israel Discount Bank of New York, continues the trend of cases reminding counsel of the need to take an active role in the preservation of electronically stored information (ESI).1 Litigators and in-house counsel need to be fully familiar with their clients’ document retention policies and practices as well as be cognizant of their clients’ ESI preservation obligations. Appropriate measures must be taken by counsel and client alike to ensure compliance in order to avoid sanctions for the destruction of potentially relevant evidence.
As Ahroner2 makes clear, a “litigation hold” on ESI that is not properly effectuated or insufficiently complied with will not immunize a party for spoliation sanctions.
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