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Eric Magnuson Comments on Anticipation-of-Litigation Standard in Massachusetts Lawyers Weekly

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Eric Magnuson, co-chair of Nutter’s Business Litigation practice group, discussed a United States District Court ruling that the plaintiff in an employment dispute engaged in sanctionable spoliation of evidence by wiping their company laptop clean and erasing all information on the hard drive that they knew could serve as evidence in the law suit he filed against the defendant in Massachusetts Lawyers Weekly.  In the article, “Spoliation sanctions ordered in unpaid commissions case”, Eric pointed out Judge Dein’s finding that the plaintiff’s duty to preserve arose the moment he left his employer, stating, “Her ruling underscores the broad sweep of the anticipation-of-litigation standard.”

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