Government Sanctioned for Failure to Preserve Documents
Client Alert | 1 min read | 10.26.12
In United States ex rel. Baker v. Community Health Sys., Inc, No. 05-279-WJ-ACT (D.N.M. Oct. 3, 2012), the U.S. District Court in New Mexico upheld sanctions against the government for failing to preserve electronically stored information in a False Claims Act case, ordering the government to produce certain privileged materials. This case provides valuable reminders that the government's duty to preserve evidence may arise long before it intervenes and that merely issuing a litigation hold is not in and of itself sufficient to satisfy the duty to preserve, but parties also must take diligent steps to implement and monitor compliance with preservation obligations.
Insights
Client Alert | 7 min read | 06.24.26
On June 17, 2026, the U.S. Department of Justice’s (DOJ( National Security Division (NSD) announced that it had issued a declination for Robert Bosch GmbH (Bosch) relating to potential violations of the Export Control Reform Act, 50 U.S.C. § 4819 (ECRA). Specifically, the DOJ declined to criminally prosecute Bosch’s violations of the Export Administration Regulations’ (EAR) Foreign Direct Product Rule (FDPR), which apparently resulted from two Bosch subsidiaries’ export of products and software manufactured with equipment that was the direct product of U.S. software or technology to Huawei Technologies Co., Ltd. and its “Entity List” affiliates, including Huawei Tech. Investment Co., Ltd., Hong Kong (collectively, Huawei). The same day, the U.S. Department of Commerce Bureau of Industry and Security (BIS) announced a parallel civil administrative settlement with Bosch.
Client Alert | 3 min read | 06.24.26
Client Alert | 4 min read | 06.23.26
EPA Hands Over AI Data Center Regulation to States and Communities to Develop Best Practices
Client Alert | 3 min read | 06.22.26
