On April 22, Gordon & Rees Austin partner Jeffrey Lilly co-authored an article for Inside Counsel titled "Action is needed to confront spoliation creep."
Lilly states, "Preserving all data is not a policy at all, but simply surrendering to a reality that seems unchangeable. Yet outside counsel often recommend the ‘stitch in time saves nine’ approach, advising that the cost of over-preserving now is worth it to protect against the potentially exorbitant cost of a myriad of sanctions later. While this may very well be true for the corporations that do find themselves in litigation, it is often an unnecessary and costly preventative measure for others protecting themselves against lawsuits that never actually materialize."
Lilly is a partner in the Austin office and a member of the firm's Drug & Medical Device practice group. He is also co-chair of the firm's E-discovery practice group and is chair of a task force comprised of members of IADC, FDCC, DRI and ADTA which advocates for reasonable e-discovery rules and the application and interpretation of same.
To read the full article, click here.