The large volume of data maintained by companies and their SaaS providers poses a unique challenge – and opportunity – for business litigation attorneys. As we advance further into the culture of big data and ubiquitous information-sharing, lawyers and their business clients must respond in turn. So what are the documents required in a business lawsuit? What does useful data mean in the context of litigation, and can it be applied in strategy development?
At Hone Law, we combine decades of experience as commercial litigators with data-driven science to make informed decisions for our business clients. We pride ourselves on our flexibility and forward-thinking mindset, which allows us to use technology to our advantage in commercial lawsuits. Ultimately, a well-documented case can make the difference between success and failure. Let us advocate for you. Connect with us at (702) 608-3720 to learn more.
When Does Evidence Need to Be Preserved?
The Nevada Supreme Court has held that an entity is under the duty to preserve documents and data that are reasonably known to be relevant to a legal action. This duty extends to situations where the legal action has not yet commenced, or when there is mere potential for litigation. According to Nevada Rule of Civil Procedure 37(b), sanctions may be imposed on an entity that willfully suppresses or destroys evidence that may be relevant, whether or not they have been ordered to produce the evidence
In other words, the obligation to preserve evidence begins the moment your company realizes it could be a party in a lawsuit. To fulfill this obligation, your company must take active steps to preserve the documents and data involved in the lawsuit or dispute. This duty also applies to any employees who may have relevant information to the potential lawsuit, as well as key players in the dispute.
What Documents and Data Are Considered Evidence in a Commercial Lawsuit or Business Dispute?
When your business is involved in a dispute, having the right documents and data is crucial. The following are some of the most important documents required in a business lawsuit or commercial dispute:
- Financial records and statements to provide a clear picture of your company’s money matters.
- Business contracts and agreements that lay out the formal terms between parties.
- Electronically stored information including emails, text messages, voicemails, and website activity to track any ongoing correspondence and conversations between parties. This information can be key to clarifying informal agreements or misunderstandings.
- Formal complaints and prior dispute resolutions to show patterns of issues or behaviors.
- Witness statements that offer a third-party perspective on the claims made in the dispute.
- Surveillance records including videos, audio, and pictures to help document the events involved in the dispute. These records can be particularly useful in cases related to intellectual property infringement, discrimination, fraud, and harassment.
Comprehensive preparation is essential to swiftly and efficiently resolving your business or commercial lawsuit. Keeping all relevant documents and data at hand will ensure that your Hone Law attorney is able to develop the strongest litigation strategy possible to achieve a favorable outcome for your dispute.
What Steps Can My Company Take to Preserve Documents and Data?
If your company is facing a lawsuit, or you believe that litigation may be possible in the future, it is imperative to take the necessary steps to properly preserve all relevant documents required in a business lawsuit. We advise companies facing future or pending litigation to take the following steps:
- Identify all key employees who may have relevant information
- Issue a written litigation hold to pause routine data or document destruction
- Secure written confirmation from employees to ensure understanding
- Generate copies of all relevant documents and data, including electronically stored information
- Store relevant documents in a safe place
- If an employee leaves the company in the midst of a dispute, instruct the employee to follow document preservation protocols before their departure
How Can Hone Law Help My Company Preserve Key Documents and Data?
When litigation is on the horizon, your company must take the necessary steps to preserve relevant data and documents required in a business lawsuit. While the ubiquitous nature of electronic communication can serve as a treasure trove of information during a lawsuit, there is also a greater burden on companies to review, analyze, and preserve relevant data and documents.
At Hone Law, we help companies identify the data and documents that will be relevant during a lawsuit, establish a protocol for implementing a litigation hold when the need arises, and preserve information that is critical to their legal claims. To speak with an experienced attorney about your duty to preserve, contact us at (702) 608-3720.