Consequences of Mishandling Electronic Evidence
Failure to preserve or produce ESI can lead to serious consequences. Courts may impose sanctions, issue adverse inference instructions to juries, or even enter default judgments if they find that data was intentionally deleted or mishandled. Allegations of spoliation—intentionally destroying or failing to preserve relevant evidence—can be particularly damaging to a case.
Build a Defensible E-Discovery Strategy
The most effective way to avoid e-discovery complications is to take a proactive approach. At THK, we help clients develop clear data retention policies, prepare litigation response plans, and navigate the complex rules surrounding ESI in both state and federal court. Our attorneys work with businesses to determine what records should be maintained and for how long, based on the company’s operations, regulatory requirements, and risk profile.
We’ll help you manage your responsibilities and protect your business.
If your organization is facing litigation involving electronic documents—or you want to assess your current e-discovery readiness—contact the litigation attorneys at THK Law at 574.232.3538.