Destruction of Evidence

News & Analysis as of

Consumer Group Encourages AG Probe into J&J Document Destruction

The U.S. Attorney General’s office says it is reviewing an open letter submitted by a consumer group encouraging a criminal probe into the destruction by Johnson & Johnson (J&J) of pelvic mesh litigation documents....more

Court Denies Sanctions Without Evidence of Timing of Destruction (Illinois)

Sokn v. Fieldcrest Cmty. School Dist. No. 8, 2014 WL 201534 (C.D. Ill. Jan. 17, 2014). In this discrimination lawsuit, the plaintiff was the only female principal in the defendants’ school district. The plaintiff...more

Gross Negligence Enough for Adverse Inference Instruction

In 2003, Judge Shira Scheindlin of the U.S. District Court for the Southern District of New York issued five landmark decisions, which have since shaped the landscape of electronic discovery and document preservation. ...more

Top 10 Compliance Trends For 2014

As 2013 wraps up, it is that time of year again when we dust off the compliance crystal ball and take a look at what might be in store for 2014: 1. Executive Order 13627 on Trafficking in Government Contracts —...more

FCPA Compliance and Ethics Report-Episode 31-the FCPA Year in Review, Corporate Enforcement Actions [Video]

In this episode, I review the corporate FCPA enforcement actions of 2013. ...more

TVM Update: J&J Officials May Have Intentionally Destroyed Ethicon Vaginal Mesh Documents

Officials at Johnson & Johnson’s Ethicon division are currently facing serious allegations that they intentionally destroyed important documents that had been order to be preserved as evidence for thousands of vaginal mesh...more

My (Google) Hangout with the Ediscovery Experts

What happens when seven of the smartest, most articulate ediscovery professionals come together for an hour talk about—quite frankly—whatever they want? Just yesterday Josh Gilliland, Samir Mathur, Barry Murphy, Ralph...more

October 2013 Bonus Case Summaries: Louisiana: Guilty Plea to Destruction of Evidence Results in Soft Treatment

United States v. Halliburton Energy Services, Inc., No. 2:13-cr-00165-JTM-KWR (E.D. La. Sept. 19, 2013). In this criminal law case, the Justice Department accepted the defendant’s guilty plea for “unauthorized destruction...more

Fun With SnapChat Spoliation and Preservation

Imagine an app that lets you send 10-second picture messages… and then the pictures get deleted forever. Welcome to SnapChat, the app allegedly used by Wall Street moguls for insider trading and a platform for new fashion...more

Top EDiscovery Case Summaries - October 2013: New York: Court Allows Presumption of Prejudice, Overturns Previous Order Denying...

Sekisui Am. Corp. v. Hart, 2013 WL 4116322 (S.D.N.Y. Aug. 15, 2013). In this case, Judge Shira Scheindlin reversed an earlier order that denied spoliation sanctions for the plaintiffs’ deletion of ESI. The underlying breach...more

Sekisui Am. Corp. v. Hart: Judge Scheindlin’s Latest Footprint in Spoliation Case Law – Part 2

Part II: The Implications What level of culpability should trigger sanctions? Negligence? Gross negligence? Bad faith? What arises to the level of prejudicing the non-producing party’s case? This case brings to light...more

Sekisui Am. Corp. v. Hart: Judge Scheindlin’s Latest Footprint in Spoliation Case Law – Part 1

Judge Shira Scheindlin’s latest opinion, Sekisui v. Hart, marks a major development for the latest footprint in spoliation case law and is sure raise eyebrows among federal rule makers tasked with reworking Federal Rule 37....more

Top 5 Ediscovery Case Summaries – July 2013: California - No Relevance of the Evidence? No Sanctions

Cottle-Banks v. Cox Commc’ns, Inc., 2013 WL 2244333 (S.D. Cal. May 21, 2013). In this spoliation case, the plaintiff alleged that the defendant charged a rental fee to customers for use of “set-top-boxes”, even though...more

Aaron Hernandez and the Consequences of Destroying Electronic Evidence

The disturbing saga of former New England Patriot tight end Aaron Hernandez has continued to unfold before our eyes over the past few days. Hernandez has now been charged with one count of first-degree murder and is allegedly...more

Top 5 Ediscovery Case Summaries – May 2013: New Jersey - Sanctions Granted for Social Media Spoliation

Gatto v. United Air Lines, Inc., 2013 WL 1285285 (D.N.J. Mar. 25, 2013). In this personal injury dispute, the defendants sought spoliation sanctions arising out of the plaintiff’s destruction of relevant social media...more

Top 5 Ediscovery Case Summaries – April 2013: Puerto Rico - “Careless” Deletion of ESI Warrants Exclusion of Evidence, Adverse...

E.E.O.C. v. Ventura Corp, Ltd., 2013 WL 550550 (D.Puerto Rico Feb. 12, 2013). In this case, the plaintiffs sought sanctions against the defendant for allegedly destroying relevant evidence of discriminatory hiring practices...more

The Duty To Preserve Social Media Information

It is not, as many recent articles and blogs have discussed, just about whether relevant social media information can be discovered by one party in a lawsuit. It is also about what happens when a party fails to preserve...more

DEP Hazmat Specialist Pleads Guilty To Spill Records Destruction – Implications For Those Affected By Spills

Former HazMat Specialist Jon P. Andrews, assigned to the Augusta Region of the Maine Department of Environmental Protection, has pleaded guilty to destroying three years of spill records on his final day on the job. The...more

IP Update, Vol. 16, No. 2, -- February 2013

In This Issue: Patents - Supreme Court: State Court Has Jurisdiction over a Legal Malpractice Claim; Nothing Non-Obvious About Applying Pre-Existing Technology to the Internet; The Federal Circuit Is Not the...more

EEOC Sues Prestige Transportation Service for Pattern and Practice of Hiring Discrimination

Company Refused to Hire Black Applicants, Federal Agency Charged - MIAMI - A Miami transportation company violated federal law by subjecting African-Americans to race discrimination, U.S. Equal Employment Opportunity...more

What Not To Do If You Are Involved in a Federal Criminal Investigation [Video]

Matt Kaiser, a Washington DC federal criminal defense attorney at The Kaiser Law Firm PLLC (http://www.tklf.com), discusses what NOT to do if you are under investigation for a possible federal criminal charge. The wrong...more

Bernstein Shur Business and Commercial Litigation Newsletter #24

We are pleased to present the 24th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent decisions addressing the statute of repose for securities fraud claims, the...more

Sanctioning Spoliation of Evidence

Today’s Take: Sanctions for the Automatic Deletion of Evidence by Computers In my recent blog post entitled Preserving Evidence Through Demand Letters, we discussed how a demand letter can trigger the duty to preserve...more

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