Post Process

Everything to do with E-discovery & ESI

Case Summary: Napster C/R Litigation; Producing Party’s duty to preserve not relieved after suit ends

Posted by rjbiii on September 11, 2007

Court held that a producing party’s obligation to preserve documents was not relieved despite the dismissal of a lawsuit to which it was a party, because counsel for plaintiff’s sent producing party a letter threatening litigation the month following the dismissal, and an executive for the producing party displayed anticipation of that litigation by stating in an email “we know we are going to be sued.” Producing party’s claim that the unequivocal statement in the email was merely a negotiating tactic designed to secure an indemnification provision in a contract did not persuade the court that the statement was unimportant because even if this was true the mere fact that the party was pursuing such indemnification demonstrates there was a reasonable probability of litigation of which the party was aware. In re Napster, Inc. Copyright Litigation, 462 F.Supp.2d 1060 (N. D. Cal. 2006).

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