A 2015 Florida Supreme Court decision gave Florida in-house counsel more clarity about issuing litigation holds by confirming that a hold obligation is triggered when there is a reasonable anticipation of litigation. Prior to this ruling, it was unclear whether this duty existed under Florida law. It would be a good idea for in-house counsel to re-visit their organizations’ litigation hold policies and procedures to ensure they are adequate in light of this decision.
The decision is League of Women Voters of Fla. v. Detzner, 172 So.3d 363 (Fla. 2015) involving a challenge to the 2012 re-districting of Florida’s congressional districts. If you are interested, a detailed Florida Bar article explaining the decision and prior case law can be found at: