Magistrate Sanctions Company For Failure To Preserve E-mails

On January 30, 2007, a federal magistrate judge in the U.S. District Court for the Southern District of New York imposed sanctions that included adverse inferences and attorney fees for a company’s failure to preserve electronically stored information and e-mails despite an agreement with a nonparty subsidiary that allowed the company full access to the documents in question.

See In re: NTL Inc. Securities Litigation, No. 02 Civ. 3013; Gordon Partners, et al. v. George S. Blumenthal, et al., No. 02 Civ. 7377, S.D.N.Y.; 2007 U.S. Dist. LEXIS 6198. A copy of the opinion will be posted shortly.

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