Joanna Salinas on “Evidence Preservation” at the Central Texas Chapter of RIMS in Austin at the Texas
Joanna Salinas will be speaking on “Evidence Preservation” at the Central Texas Chapter of RIMS in Austin at the Texas Association of Counties on May 12, 2016 from 11:30 a.m. to 1:00 p.m.
When disaster strikes whether it’s a fatality collision, a construction accident, a sexual harassment allegation, or just a slip and fall on the premises risk management is the first line of defense when it comes to making sure that information crucial to what occurred is properly preserved. Not only is preservation important for the company’s investigation and defense, but companies have an affirmative obligation to make sure that information is preserved or they can be sanctioned for failing to do so. Whether you are an in-house risk manager or are providing outside guidance, it is important to understand what needs to be preserved, the repercussions for failing to do so, and strategies for ensuring legal compliance so that the company receives the best defense possible.
Spoliation is as "the improper destruction of evidence relevant to a case." After years of uncertainty in Texas about when and how a party should be sanctioned for spoliating evidence, the Texas Supreme Court has clarified the process and set a higher bar for one of the most damaging penalties: the spoliation jury instruction. In this presentation, Joanna Salinas of Fletcher, Farley, Shipman &; Salinas in Austin will discuss the three factors the Texas courts look at when determining whether spoliation has occurred, the repercussions for failing to preserve evidence, and strategies for ensuring legal compliance. This session has been approved for 1 hour of CE credit through the Texas Department of Insurance.