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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.

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Client Alert | 4 min read | 09.20.24

Department of Commerce Unveils New Tool to Inform Supply Chain Risk Mitigation

The U.S. Department of Commerce unveiled a groundbreaking analytic risk assessment tool to inform the U.S. government’s efforts in mitigating supply chain risks. Launched at the inaugural Supply Chain Summit hosted by the Department of Commerce and the Council on Foreign Relations on September 10, 2024, the SCALE Tool marks a significant milestone in the U.S. government’s broader commitment to strengthening the U.S. supply chain ecosystem. ...