Are spoliation claims subject to separate causes of action?
Under California and federal law, there is generally not a separate cause of action for spoliation of evidence. If you are under criminal investigation, however, criminal liabilities may arise because the standards are different. Additionally, if your company does business in other states, there may be case law supporting a separate claim for spoliation or destruction of evidence in that jurisdiction. What steps can a company take to discourage spoliation of evidence? Every company should have policies and procedures in place regarding the preservation and destruction of its business records. High-level officers should be aware when potential claims arise and immediately take steps to preserve all potential evidence. Instruct employees to maintain not only computer-based information but also physical devices like computer hard drives that would have potential relevance to a lawsuit. Even if you cannot foresee a lawsuit, as soon as you’re served, those steps must be taken. Most importan
