In Roberts v. Corwin, No. 115370/2009 (N.Y. Sup. Ct. Oct. 3, 2013), the court denied a motion seeking discovery sanctions against the plaintiff and the law firm representing him.  As one basis for sanctions, the moving party argued that the plaintiff and his lawyers had failed to institute a formal document hold in connection with the litigation.  The plaintiff acknowledged the lack of any written hold, but contended that “a formal written litigation hold was not necessary as [plaintiff] acted to preserve his documents and [his outside attorneys]were under an independent ethical obligation to maintain and preserve client files.”  The court denied the sanctions motion, in part because the movant “submit[ted] no authority that the litigation hold must always be written and that the form of the litigation hold may not vary with the circumstances.”