4 ms·
not a lawyer, but how is it illegal if I do it before I am served with any sort of orders for discovery? I can just wipe my desktop, in a perfectly usable state
by h4ch1 3y ago
not a lawyer, but how is it illegal if I do it before I am served with any sort of orders for discovery? I can just wipe my desktop, in a perfectly usable state, with some random applications installed.
- graemep 3y agoIt looks like it can be: "a number of courts have issued rulings imposing a duty to preserve before litigation begins if a party knows of the existence of a potential claim and can identify relevant evidence." https://corporate.findlaw.com/litigation-disputes/delete-at-your-peril-preserving-electronic-evidence-during-the.html https://corporate.findlaw.com/litigation-disputes/delete-at-...
- pests 3y agoExistence of a possible claim. Isnt that always possible, for everyone, always, for any action?
- h4ch1 3y agoyeah that's what I am confused about, sounds like a gray area, I don't know if me doing something I know is legal could set me up for lawsuits a year down the line so am I supposed to hoard data in the wait of being sued someday lest my data maintenance tic be used against me? If I know I am doing something illegal then yeah the case against me could be stronger, but what about people who don't
- graemep 3y agoI interpret that as knowing that a particular claim is possible and reasonably likely.