Risk of Not Being Able to Effectuate a Litigation Hold

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When emails and other documents are created and kept in many different places, it is virtually impossible to effectuate a litigation hold. Entities with Boards without a framework for their emails and documents are at great risk. Five Board members with different email accounts all over the place. Documents being emailed, texted or otherwise exchanged. Drafts here. Drafts there. This is a Board attorney’s nightmare when the eventual lawsuit happens and the Board client must effectuate a litigation hold.

In a lawsuit against NYC, a Federal Judge in Manhattan slammed the New York City Police Department for being “grossly negligent” in allowing documents to be destroyed knowing they could be relevant to the case and punished the city for spoliation of evidence. In Stinson v. City of New York, 10 Civ. 4228, the Judge said the city’s litigation hold was “late and ineffective.” A litigation hold is where the party has to make sure that emails and other documents are preserved. The city failed to keep records including emails and computer files as required and will suffer at trial likely losing the lawsuit.

Boards with an Office of the Board are in a different place. Since their emails, records, drafts, etc. can all be inside the patent pending Office of the Board, Risk Intelligent Framework, a litigation hold is snap. Each Office of the Board comes with e-Discovery tools so that the Board is best positioned to prevail in a legal contest. If emails and documents are purged in accordance with the Board’s document retention policy (yes, you can have and effectuate one of those with Office of the Board), then there is nothing to preserve in case of a litigation. Without a framework, Boards can’t easily accomplish this result.

When you’re Board or members are sued or have to sue, the Board attorney has everything needed to provide the best defense or prosecution right in your Office of the Board. Litigation holds and punishments doled out by Courts for violations are not an issue for Office of the Board members and their attorneys.

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