Soccer/Futbol superstar, Lionel Messi, longed for a transfer after a humiliating Champions League knock out loss to Bayern Munich. Where to go from here? Paris? Manchester? Luckily, he built in a back-door exit clause in his contract where, if he notified Barcelona brass before the end of the current season, any club with a big enough wallet that was courting him could avoid paying Barcelona a $800 million transfer fee—obviously a prohibitive sum. ($800 million could actually buy you the entire Houston Astros baseball team, though this team would certainly be a fixer-upper.) This would then free up funds for Messi’s $80 million+ salary. Brilliant plan.
Consider in Zubulake v. UBS Warburg, a case focused on the duties of in-house and outside counsel related to litigation holds and document retention policies. Although UBS Warburg claimed to have issued and reissued litigation holds, the court concluded that “a party cannot reasonably be trusted to receive a litigation hold instruction once and to fully comply with it without the active supervision of counsel.” The court suggested instructions for in-house and outside counsel to follow as a means of demonstrating their “continuous efforts to satisfy the duty,” which includes: (1) issuing a litigation hold at the outset of litigation or whenever it is reasonably anticipated, including reissuing them periodically; (2) communicating directly and periodically with key players regarding preservation duty; and (3) instructing all employees to produce electronic copies of their relevant active files and to ensure that all backup media is identified and stored in a safe place.
We’re always happy to hear from our customers and recently nine-year RPost customer, Engel & Siegel, LLC, a premier Chicago-based law firm, used RPost Registered Email™ receipts in court which provided Engel & Siegel litigators evidence that contributed to winning in court proceedings.
Just when you thought that you were getting comfortable with email records and e-discovery concerns…
Until it happens to you or a colleague, most people pay little attention to the risks of conducting important business or personal transactions using simple email only to have its content or delivery challenged after-the-fact. Since RPost is in the business of offering the Registered Email™ service that at its core provides the sender with verifiable proof of delivery, content and official time stamps, of email (and all attachments) sent to any Internet address, the company hears many horror stories about the damages caused by email content alterations and disputes arising over delivery and / or the timing of the delivery.