A 1L’s Early “Discovery” of What Not To Do

January 8, 2009

    Citation: Peskoff v. Faber, 251 F.R.D. 59 (D.D.C. 2008)

    Employee/Employer Implicated: Owner/Executive

    e-Lesson Learned: Make all reasonable efforts to preserve relevant data for pending or reasonably anticipated litigation, and if you can’t, be prepared to explain why. This includes having a data management protocol in place for managing the routine maintenance and deletion of data, stopping automated maintenance mechanisms and hiring experts to handle the preservation of relevant data at first notice of potential litigation, and performing a thorough search of discoverable data on the first attempt.

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I’m only a semester into law school. In fact, I haven’t even received a grade yet. But I can still tell when a client has destroyed all hope of winning his or her case. In the civil action of Peskoff v. Faber, the defendant shot himself in the foot with the starting gun.

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