One of three counts in Volkswagen's recent $4.3 billion guilty-plea was for obstruction of justice arising from a litigation-hold botched by house counsel.
As VW prepared to admit the defeat-device problems to US regulators, VW Group of America ("GOA") informed VW AG of a forthcoming litigation hold. The litigation holds were not issued simultaneously across the enterprise: VW GOA proposed its hold on August 26, 2015 but issued it on August 28. VW AG's corresponding hold was proposed on August 31, and issued September 1.
In the interim, in-house counsel Attorney A communicated with ...