This case re-iterates the fact that a collect-everything approach is most likely not needed. Just ensure your preservation practices are “reasonable” under the circumstances, which could mean sending a detailed legal hold notice to key custodians.
In this lengthy antitrust and RICO dispute between healthcare organizations, the plaintiff moved for spoliation sanctions based on the defendants’ legal hold procedures.
The plaintiff had four qualms regarding the defendant’s preservation process:
Download the PDF version of New Mexico Oncology and Hematology Consultants, Ltd. v. Presbyterian Helathcare Services case analysis here.