New York’s Appellate Division, First Department, Adopts ‘Zubulake’ Standards For Preservation

http://ow.ly/8OLUD

An article by Emily K. Stitelman posted on the website esklegal.com

This article focuses on the case  Voom HD Holdings v. EchoStar Satellite LLC, 600292/08, 2010 NY Slip Op. 00658 (1st Dep’t January 31, 2012).

This case involved a two cable services providers, Voom and EchoStar, Voom was to provide television services to EchoStar, whom was to distribute those services.  A contract dispute arose between the entities, and a dispute created a sanctions motion for failure to comply with discovery obligations. A link to the case opinion is provided in the article.

The article states, "The First Department affirmed the trial court’s decision and, adopting Zubulake, held that the preservation duty is triggered when the parties reasonably anticipate litigation. Rejecting EchoStar’s argument that the “reasonable anticipation of litigation” standard is not workable, the First Department defined “reasonable anticipation of litigation” as “such time when a party is on notice of a credible probability that it will become involved in litigation.”"

The author also provides a list of tips in the article regarding proper implementation of a litigation hold process.