Evidence, Record Preservation, Electronically Stored Information

The perils of preservation

BCLP on 10/10/2022

The recent decision In re Keurig Antitrust Litigation, 2022 WL 1082087 (S.D.N.Y. Apr. 11, 2022), offers timely examples of how extensive, well-intentioned preservation efforts can go awry – leading to costly motion practice...more

Preservation of Evidence

Stokes Wagner on 11/19/2020

2020 forced millions of employers to adapt their business models to allow employees to work from home and it looks as if this trend will continue indefinitely for many employers. With this in mind, employers should be aware...more

New Best Practices Under E-Discovery Spoliation Rule

Troutman Pepper on 12/2/2019

As the volume of electronically stored information, or ESI, subject to discovery has exploded, allegations of spoliation have multiplied. Before the 2015 amendments to the Federal Rules of Civil Procedure, courts relied on...more

E-Discovery - Nevada U.S. District Court's Special Master's Report and Recommendations: Failure to Preserve ESI, Litigation Holds

Snell & Wilmer on 10/8/2014

Small v. University Medical Center of Southern Nevada arises out of an employment law dispute. The court appointed a special master who found that the defendant medical center failed to preserve a considerable body of...more

Business Litigation Alert: "What You Don't Keep Can Hurt You"

Porter Hedges LLP on 7/29/2014

A recent Texas Supreme Court decision has important implications for the policies companies follow in Texas to avoid accusations that they have tampered with evidence or destroyed records improperly. The Supreme Court...more

Spoliation of Social Media Evidence: New Jersey Court Cracks Down

Morrison & Foerster LLP - Social Media on 4/17/2013

A March 23, 2013 decision from the U.S. District Court for the District of New Jersey serves as a cautionary tale for litigants. As a result of some arguably poor decisions by the plaintiff and likely miscommunication between...more