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Destruction of Evidence Evidence

EDRM - Electronic Discovery Reference Model

April’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published April 17, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more

EDRM - Electronic Discovery Reference Model

December’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published December 21, 2023 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for November 2023 - November 16th, 1:00 pm - 2:00 pm ET

It’s time to be thankful – for eDiscovery case law! Our November 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses permissive inference sanctions for destruction of video, sanctions for failing to...more

Shook, Hardy & Bacon L.L.P.

Fifth Circuit Clarifies Standards Regarding Spoliation of Evidence and Expert Witness Qualifications

The Fifth Circuit’s recent decision in Van Winkle v. Rogers, No. 22-30638, 2023 WL 5994138 (5th Cir. Sept. 15, 2023), underscores the critical importance of preserving evidence while also reinforcing Federal Rule of Evidence...more

Reveal

Preservation of Evidence: Methods and Best Practices You Should Adopt in 2023

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In our adversarial justice system, litigants rely on evidence to explain their side of a dispute. Today, much of that evidence is digital. If an organization allows digital evidence to be compromised, lost, or destroyed, it...more

Bradley Arant Boult Cummings LLP

Preserve Your Claims by Preserving the Evidence

A recent case out of Washington serves as a good reminder to preserve evidence that may be relevant to pending or future litigation. That includes not only evidence in the form of documents and electronic information, but...more

Robins Kaplan LLP

Recall Message! Do Yourself (and Your Employer) a Favor and Sharpen Your Email Game

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This isn’t the 1990s: Email isn’t a new technology. By now, we all know that our work emails aren’t private, and most of us exercise some discretion in deciding what to “put in writing” in our business communications. We’ve...more

Pierce Atwood LLP

Intentional Deletion and Manipulation of Electronic Data Leads to Default Judgment

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Every day we are reminded that we live in a digital world by looking down at our smartphones and logging onto our computers. Though the legal field is generally slow to jump on the bandwagon of new technology, the use of...more

Dentons

How to Avoid Spoliation of Evidence Allegations

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A potential pitfall in navigating a litigated, or potentially litigated claim, is not properly preserving evidence. Attorneys and parties must preserve potentially relevant evidence when they know or should know, that a claim...more

Association of Certified E-Discovery...

[Webinar] ZyLAB Re-Invents Legal Hold Notification - November 17th, 1:00 pm - 2:00 pm ET

In 2003 Judge Shira Scheindlin wrote “once a party reasonably anticipates litigation, it must suspend its routine document retention/destruction policy and put in place a 'litigation hold' to ensure the preservation of...more

Association of Certified E-Discovery...

[Webinar] Hold On! What Do You Mean By Preservation of Evidence? - October 21st, 2:00 pm - 3:00 pm BST

A Legal Hold, also known as litigation hold, document hold, hold order, or preservation order, has more commonly been a US term but organisations in the UK and Europe also need to ensure their data preservation practices are...more

Hanzo

Think You Don’t Need to Preserve Slack Data for Discovery? Think Again

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Remember the story that the Verge broke a few years ago—aka December 2019—about Steph Korey, the Away CEO who stepped down after former employees claimed that she created a “toxic work culture” through Slack messages? Away,...more

Fox Rothschild LLP

The Fourth Circuit Issues Litigants A Strong Reminder Of The Risks Associated With Failing To Preserve Evidence

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On July 16, 2020, the U.S. Court of Appeals for the Fourth Circuit issued a decision highlighting the critical need for litigants to preserve evidence once notified of a potential lawsuit, and the serious ramifications...more

Reveal

Is eDiscovery Existing in a Post-Sanctions World?

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Is eDiscovery Existing in a Post-Sanctions World? The short (and obvious) answer is no. Rule 37(e) isn’t going anywhere. But recent case law indicates a trend where sanctions seem to be harder to come by, which may play...more

The Volkov Law Group

DOJ Charges Two Herbalife Executives with Criminal FCPA Violations

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Last week, DOJ announced the indictment of two former Herbalife executives in China for participating in a bribery scheme over a ten-year period.  Herbalife, a multi-level marketing company, was not charged and its...more

Sands Anderson PC

Fairness in the Adversary Process (Part One): Lawyers and the Discovery of the Truth

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Our adversarial legal system contemplates that each party will have the opportunity to fully investigate the facts of a dispute and bring to the attention of the trier of fact those facts most favorable to its position. This...more

Butler Snow LLP

Think twice before filing a spoliation motion against a plaintiff in Georgia.

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Georgia courts have finally claimed the same legal standard applies to plaintiffs and defendants when courts are deciding when the duty to preserve relevant evidence arises. But the application of the standard to plaintiffs...more

White and Williams LLP

Florida Court of Appeals Holds Underlying Tort Case Must Resolve Before Third-Party Spoliation Action Can Be Litigated

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In Amerisure Ins. Co. v. Rodriguez, 43 Fla. L. Weekly 2225 (Fla. Dist. Ct. App., Sept. 26, 2018), the Third District Court of Appeals of Florida addressed whether a third-party spoliation claim should be litigated and tried...more

Roetzel & Andress

Ohio Supreme Court Restricts Spoliation Claims

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The Ohio Supreme Court has issued an important decision limiting a party’s ability to pursue an independent tort claim for spoliation of evidence. Ohio law excludes tort claims for negligent spoliation of evidence, but...more

Orrick, Herrington & Sutcliffe LLP

Court Awards $3M Sanction and Adverse Inference for Spoliation in Antitrust Case

On July 6, 2016, Judge Leonard P. Stark, of the federal district court in Delaware, ordered a $3 million punitive monetary sanction, and an adverse inference jury instruction, against antitrust defendant Plantronics after...more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - October 2015

In This Issue: - Attorney-Client Privilege/Work Product Decisions: ..Decisions Protecting Against Disclosure ..Decisions Ordering Disclosure Other - Spoliation Decisions: ..Spoliation Sanctions...more

Adler Pollock & Sheehan P.C.

Spoliation: How to Stop Trouble from Brewing

When a business is faced with the potential for litigation, it is imperative that all evidence be preserved to avoid the dreaded “s” word: spoliation. Starbucks Corporation recently learned this lesson the hard way when a...more

Morrison & Foerster LLP - Social Media

Effort to Hide Facebook Evidence by Deactivating Account Ends Badly for Louisiana Man

As social media has become ubiquitous, courts are wrestling with more discovery disputes involving social media accounts. In a recent case, Crowe v. Marquette Transportation Co. Gulf-Inland, LLC, the plaintiff...more

Holland & Knight LLP

Court Decides Sarbanes-Oxley Is Intended for a Different Kettle of Fish The Fish Tale and the U.S. Supreme Court: Part II

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By a surprisingly narrow margin, the U.S. Supreme Court recently spared future fishermen from facing up to 20 years in prison for destroying their catch. The case, Yates v. United States of America, involved the curious tale...more

Carlton Fields

A Colorful Supreme Court Case Revives the Rule of Lenity

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Last month, the Supreme Court’s decision in Yates v. United States provided much fodder for pun-filled headlines about fishing. The case involved the government’s attempt to stretch the Sarbanes-Oxley Act, which originally...more

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