Commercial Litigation and Arbitration

December 3, 2007

A contractual duty to preserve data may suffice to trigger spoliation sanctions if the data are destroyed in violation of the contract -- at least if another party to the contract is pursuing the claim. The Asset Purchase Agreement in In re: Quintus Corp. (Avaya, Inc. v. Gwynne), 2007 U.S. Dist. LEXIS 87628 (D. Del. Nov. 29, 2007), required the purchaser to ...
A contractual duty to preserve data may suffice to trigger spoliation sanctions if the data are destroyed in violation of the contract — at least if another party to the contract is pursuing the claim. The Asset Purchase Agreement in…

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