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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 | 06.25.26

Twin Executive Orders Seek to Spur Quantum Leap in Technology and Cybersecurity

On June 22, 2026, President Trump signed two executive orders, “Securing the Nation Against Advanced Cryptographic Attacks” (Quantum Security EO) and “Ushering in the Next Frontier of Quantum Innovation” (Quantum Innovation EO), marking the most significant federal action on quantum technology since the Quantum Computing Cybersecurity Preparedness Act of 2022, which directed agencies to harden their information systems against quantum-enabled hacking. The orders seek to speed the development of quantum computers, which are advanced processors that can calculate multiple possibilities simultaneously and thus solve problems exponentially faster than traditional computers. At the same time, the orders look to protect against the danger that quantum technology can “break” traditional encryption by easily decoding it. Of particular note for government contractors, the Quantum Security EO directs agencies to update federal acquisition regulations to require contractors by 2031 to adopt information processing standards that resist quantum-enabled codebreaking....

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