Linked – Defensible Custodian Self-Collection is Possible, But it is Not Easy
GN Netcom, Inc. v. Plantronics, Inc., No. 12-1318-LPS 2016 U.S. Dist. LEXIS 93299 (D. Del. July 12, 2016) represents the perils that can arise from custodian self-collection when the company found itself on the receiving end of a $3 million sanctions penalty for evidence spoliation. The heart of the case emphasizes that establishing a litigation…