Phil Cannella Lawsuit – Phil Cannella’s Challenger Fined For Failure to Preserve Evidence – Phil Cannella Lawsuit

Phil Cannella Lawsuits, Phil Cannella Reviews, Phil Cannella Complaints

Phil Cannella has become proficient in many areas of law as a result of his very prolific career as one of the country’s most foremost experts in retirement planning. After almost forty years working, with his sleeves rolled up, with retirees and those approaching retirement he has had to contend with many different issues affecting not just people’s finances but their lives as a whole. This required Phil to learn more than just the insurance industry but numerous adjacent subjects and areas of life that could affect seniors in one fashion or another.

Furthermore, in order to protect his own interests and the inroads he has made in life and business, Phil Cannella has had to defend himself against attacks from competitors and those who have sought to take him down. This brought  him in close contact with attorneys dealing with many different aspects of law.

Through the course of one of the lawsuits that he had to get deeply embroiled in, the subject of preservation of evidence became very central to the case. You may ask: What does “preservation of evidence” mean? In a lawsuit, various forms of “evidence” are used to prove a case. Many of us are familiar with what we sometimes see in the movies or on television when we see criminal cases being tried and evidence used might be a gun, a weapon or even DNA traces in a hair follicle found on the crime scene, etc. Civil cases are different and often email correspondence might be evidence, electronically stored data in a computer system could be important evidence in a case.

Consider the fact of how easy it may be to destroy electronic data by hitting the delete key on an email or document. When it comes to a lawsuit, and electronically stored information may be relevant, then the individual has a duty to preserve those documents. This is further explained here:

“Preserving information relevant to a pending lawsuit is important for many reasons, but a reason that should get your particular attention is this: If your company fails to preserve evidence after litigation is reasonably anticipated, this failure can lead to serious punitive consequences for evidence ‘spoliation’—i.e., the negligent or intentional destruction or alteration of evidence. Silvestri v. General Motors Corp., 271 F.3d 583, 590 (4th Cir. 2001). These consequences can include: monetary sanctions, awards of attorney’s fees and costs for the price of investigating and litigating document destruction, and litigation consequences such as default judgments, dismissal of certain claims or defenses, or court instructions allowing a jury to draw adverse inferences about what destroyed evidence would have shown.”

Another common issue that people in litigation don’t always realize and that can affect them adversely in a very serious way is the question of “when” they need to start preserving evidence. Some people involved in lawsuit have waited until much beyond the time that they were legally required to preserve evidence because they were waiting to be told to preserve from an attorney or court order. This is answered here:

“Under the Fed. R. Civ. P. whenever it can be ‘reasonably anticipated’ that an action will be filed, all parties have a duty to preserve potentially relevant evidence. And ‘evidence’ includes all information, including not just hard copy documents, but all electronically stored information. If you fail in this obligation, the sanctions can be devastating.”

In keeping with Phil Cannella’s mission to educate his consumers, he shares the knowledge he has gained in his life with others. He urges anyone who in any way is involved in litigation to be very cognizant of their duty to preserve in order to avoid getting caught in the uncomfortable position of not having taken adequate measures to ensure that evidence that relates to litigation at hand is preserved. The penalties as explained above can be pretty severe and one does not want to get caught in that position.

In one of Phil Cannella’s lawsuits, the defendant he was litigating against was found guilty of failing to preserve the computer systems she used and was hit with a hefty penalty. This proved yet again that Phil Cannella strives to uphold the truth at every turn, even in the darkest of circumstances.

Phil Cannella Lawsuits, Phil Cannella Reviews, Phil Cannella Complaints

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