Extract to table

To the extent that preservation measures were implemented in connection with the Second Request response (as we understand they were, in part), those measures must remain in full force and effect, and must now be expanded to encompass the broader scope of this litigation hold

Federal courts have broad discretion to impose severe sanctions for spoliation, including under Rule 37(e) of the Federal Rules of Civil Procedure, which authorizes courts to impose curative measures and, in cases of intent to deprive another party of relevant information, to instruct the jury that it may or must presume that the lost information was unfavorable to the spoliating party

All references to "Halcyon" or the "Company" in this notice shall be understood to include all such subsidiaries and affiliated entities unless the context clearly requires otherwise

If there is any doubt as to whether a particular document or category of information falls within the scope of this hold, it must be preserved

However, any earlier communications that touch upon a potential transaction with Vectris — including any preliminary or exploratory discussions — must also be preserved regardless of when they occurred

All documents and ESI created or received after the date of this notice that fall within the scope of the subject matter categories identified above must be preserved as they are created