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Control of Personal Email Accounts & Litigation Holds - Bow Tie Law Blog

Control of Personal Email Accounts & Litigation Holds

Posted on October 10, 2013

Puerto Rico once again has issued a thought provoking eDiscovery opinion. It’s about time we hold a conference there.

The Court found the Plaintiff had offered sufficient evidence that the Defendant had a duty to preserve the personal email accounts of its former officers. The Court explained the email accounts were within the Defendant’s control because the officers had used the accounts for as along as seven years to manage the company. P.R. Tel. Co. v. San Juan Cable Llc, 2013 U.S. Dist. LEXIS 146081, at *4-5 (D.P.R. Oct. 7, 2013). Since the Defendant likely knew its managing officers were using personal email to conduct business, the duty to preserve included those 

http://bowtielaw.wordpress.com/2013/10/10/control-of-personal-email-accounts-litigation-holds/accounts. Id.