Litigation Hold And Evidence

Summary

In New Hampshire, a litigation hold mandates preserving all relevant information, including website content. Altering or deleting information during this period can be considered spoliation of evidence, which may strengthen your case. If false statements are made, it could be defamation. Signing a contract under duress or without prior knowledge of its terms might render it unenforceable. Document evidence, gather witness testimonies, and consult a lawyer for guidance. If you feel your lawyer isnt advocating for your best interest, consider seeking a second opinion or switching lawyers.

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does this include changing information that is presented on a website

Yes, a litigation hold generally requires you to preserve all relevant information in its current state, which includes not altering or deleting information presented on a website.
Are you currently involved in any specific litigation or have you received any formal legal notices?

so if the other party who is trying to sue was previously misrepresenting me on their website and has since changed that infomration during a litigation hold what could that do for my case

If the other party altered or deleted information on their website during a litigation hold, it could potentially strengthen your case. This action might be seen as spoliation of evidence, which can have serious legal consequences, including sanctions or an adverse inference ruling against them.
Do you have any evidence or documentation of the original misrepresentation on their website?

yes i do

If you have evidence of the original misrepresentation, and the other party altered or deleted that information during a litigation hold, it could significantly strengthen your case. This could be considered spoliation of evidence, which is taken very seriously in court.
Do you have legal representation currently, or are you considering hiring an attorney to help with this issue?

if the other party is saying things that are just not true at all

If the other party is making false statements, it could be considered defamation or libel, depending on the nature of the statements. This, combined with their potential spoliation of evidence, could significantly strengthen your case. Are you considering taking legal action for these misrepresentations?

can a company claim that it is their confidential information if it is a say a real estate lead and the company who sold them the lead also sells those leads to other agents and companies?

In New Hampshire, a company may claim that certain information, like real estate leads, is confidential. However, if the company that sold the leads also sells them to other agents and companies, it weakens their confidentiality claim. Are you involved in a dispute regarding these real estate leads?

in NH if they had me sign a contract after giving me a formal job offer and i moved across country for the job, paid for school and licensing fees. I was not made aware of the contract before moving and paying these fees, could me signing this be considered signing underdress

In New Hampshire, if you signed a contract without being made aware of its terms before making significant life changes (like moving and paying fees), you might argue that you signed under duress or based on misrepresentation. This could potentially render the contract unenforceable.
Do you have any documentation or communication that shows you were not informed about the contract terms before moving and paying the fees?

what if they are saying that i changed information in the system but the owner of the company frequently signed into peoples accounts and emails to make changes and it logged the actions under the employees. how can i prove i didn't make the changes

To prove that you did not make the changes:
- Document and gather any evidence showing the owner's access to employee accounts.
- Collect any logs or records that indicate the owner’s actions.
- Witness testimonies from colleagues who can confirm the owner's behavior.
Do you have access to the system logs or any witnesses who could support your claim?

Only the owner of the accounts would have this proof but i do multiple people that would attest to this

You have a potentially strong case. The fact that multiple people can attest to the owner's behavior can significantly support your claim.
Have you considered consulting with a lawyer to discuss the collection of these testimonies and how best to present them?

If the owner of a company is claiming that i made changes to client information but all of that infomration is logged are there damages that they can claim? I believe the owner made these changes logged in as me and is making it look like i did it but other than witness testimony I have no proof. And they are deleting evidence on their side of things.

If the owner is falsely alleging that you made changes and is deleting evidence, it’s crucial to act quickly. You might consider the following steps:
- Document all instances and gather any remaining evidence.
- Secure testimonies from witnesses.
- Consult a lawyer to address spoliation of evidence and potential defamation claims.
Have you consulted with a lawyer yet?

now what if they are claiming that they would add fake names to open house sign in sheets to try and prove that i have their information because I texted them with an open house drip campaign. And then they are accusing me of changing information to fake names in their database when i know john could have logged in as me and changed that information.

Hey! If they're claiming to add fake names to open house sign-in sheets to frame you, this could be serious. Document any evidence you have and get witness testimonies to support your case. Consulting a lawyer is essential here. Do you have any documentation or logs showing who accessed the accounts?

what if they are claiming that me stopping email campaigns that had videos of me and my personal contact information going out to their database caused them damages, but are also claiming that i sent emails out misrepresenting myself as a team tringali agent after i left the team which i did not do. i am fairly confident the owner logged in as me to do this if it happened at all. can they have it both ways?

To clarify, are you currently involved in any legal action or have received any formal legal notices from the other party?

yes a cease and desist

In New Hampshire, a cease and desist letter is a formal request to stop alleged illegal activity. Given the complex nature of your situation, involving claims of false representation, potential defamation, and spoliation of evidence, it's crucial to seek legal assistance.
Have you reached out to a lawyer to discuss this cease and desist letter and your next steps?

yes i have a lawyer I am just seeking some guidance to best communicate with that lawyer

Hey! When communicating with your lawyer, consider the following tips:
- Be honest and clear about all details.
- Provide all evidence and documentation you have.
- Ask for clarification on anything you don't understand.
- Keep a record of all communications.
- Follow their advice closely.
Got any specific questions about your case or need more tips on communication?

It's possible for them to claim damages for stopping email campaigns, but proving you misrepresented yourself could be difficult if you can show the owner logged in as you. Focus on gathering:
- Evidence of the owner's access to your account.
- Witness testimonies supporting your claims.
- Any logs or records of account access.
Have you discussed these specific points with your lawyer?

it is practice to stop drip campaigns especially if they have other agents information in them as the business would not want to drive their potential clients to call that agent, this was done on their request. Also there were videos of me in there and I no longer was working for the team. I am looking to understand how they can claim damages for doing what they wanted

Hey! It's a complicated situation. If you stopped the campaigns at their request, it might be hard for them to claim damages. Focus on:
- Getting written evidence of their request to stop the campaigns.
- Highlighting that your videos and personal information were still being used after you left.
- Documenting any instances of the owner accessing your account.
Have you gathered any written communication or emails that show their request to stop the campaigns?

all of the evidence is in their accounts and no longer have access to them

Since the evidence is in their accounts and you no longer have access, it's crucial to:
- Inform your lawyer about this situation.
- Discuss obtaining an order for the preservation and production of evidence.
- Collect witness testimonies and any documentation you do have.
Have you discussed with your lawyer the possibility of getting a court order to access their accounts?

what is the law about when an employer presents a contract to you after an offer letter was previously presented

In New Hampshire, if an employer presents a contract after a job offer was already accepted, the terms of the offer letter generally govern the employment unless the contract is agreed upon by both parties. If the contract significantly alters the terms without prior notice, it could be challenged.
Is there a specific issue or term in the contract that you're concerned about?

what if an employer gives verbal instructions to do something and then later tries to sue you for doing that very thing

In New Hampshire, verbal instructions from an employer can be considered a form of binding agreement. However, proving this in court can be challenging. Documenting the situation is crucial:
- Gather any witnesses who heard the instructions.
- Collect any written follow-ups or confirmations of the verbal instructions.
- Keep records of all relevant communications.
Have you already documented or have any records of these verbal instructions?

RSA *:*

RSA *:* in New Hampshire deals with employer-employee relations, including the notification of employment policies. If verbal instructions were given and then contradicted by the employer's actions, it could potentially be a violation under this statute.
To navigate this complex situation:
- Document all verbal instructions and any witnesses who can confirm them.
- Gather any written follow-ups that reference these instructions.
Do you have any written communications that support your case?

what to do if my lawyer isn't pushing back

Hey! If your lawyer isn't pushing back, it's important to communicate your concerns clearly. Here are some tips:
- Be specific about what you want them to do.
- Provide all relevant evidence and documentation.
- Request regular updates on the case.
- Consider seeking a second opinion from another lawyer if you're not satisfied.
Do you feel you need to find a new lawyer, or are you looking for ways to improve communication with your current one?

is showing that there is enough reasonable doubt with the claims that they are making a good strategy for keeping this from going to court?

Showing reasonable doubt can be a good strategy to potentially avoid court, but it depends on the specifics of your case and the strength of your evidence.
Have you discussed the option of negotiating a settlement with your lawyer to avoid court?

absolutely no settlement as i did not do what they are claiming

Given your firm stance on not settling and the complexity of your case, focusing on reasonable doubt can be a valid strategy. Ensure you have strong evidence, witness testimonies, and detailed documentation to support your claims.
Have you and your lawyer thoroughly reviewed all available evidence and witness testimony to build a solid defense?

what to do if i think that my lawyer is not advocating for my best interest but is trying to draw this out

Hey! If you feel your lawyer isn't advocating for your best interest and is prolonging the case, you might want to consider the following steps:
- Clearly communicate your concerns to your lawyer.
- Request detailed explanations for their strategy and timeline.
- Seek a second opinion from another lawyer.
- If necessary, consider switching to a new lawyer.
Have you already voiced your concerns to your current lawyer?

Litigation Hold And Evidence

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