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 | 4 min read | 07.31.26
On July 23, 2026, the U.S. Department of Justice’s Antitrust Division announced that it will again use targeted Second Request investigations and released a revised Model Timing Agreement, another signal that this Antitrust Division continues to take a more business friendly approach toward merger review. The model introduces an optional “Expedited Consideration” process that gives merging parties the option to address discrete competitive concerns identified by the DOJ before undertaking full Second Request compliance.
Client Alert | 5 min read | 07.28.26
Data Centers in the Crosshairs: The Plaintiffs' Bar Has Begun Filing New Claims Using Old Tricks
Client Alert | 2 min read | 07.24.26
GAO Finds That Challenge to Agency’s Failure to Comply With DFARS Requirement Comes Too Late
