Extract to table

Under Federal Rule of Civil Procedure 37(e), a court may order measures "no greater than necessary to cure the prejudice" resulting from the loss of ESI that should have been preserved, and if the court finds that a party acted with the intent to deprive another party of the information's use in the litigation, the court may presume that the lost information was unfavorable to the party, instruct the jury that it may or must presume the information was unfavorable, or dismiss the action or enter a default judgment

Every individual who receives this notice, or who is identified as a custodian subject to this hold, must take immediate steps to comply with the preservation obligations outlined herein

The Acknowledgment Form must be signed and returned to Catherine Ng, U

• Backup tape rotation schedules must be suspended for all systems containing data of identified custodians until Calderwood & Harkness LLP provides further written instructions

• Any scheduled records destruction or document shredding events must be halted to the extent they would affect physical records within the scope of this hold

Affirmative Preservation Steps Each custodian subject to this hold is required to take the following affirmative steps: 1