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Evidence › Record Preservation › Sanctions

BCLP

The perils of preservation

BCLP on

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

Orrick, Herrington & Sutcliffe LLP

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

Orrick, Herrington & Sutcliffe LLP on

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

Porter Hedges LLP

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

Porter Hedges LLP on

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

Morrison & Foerster LLP - Social Media

Spoliation of Social Media Evidence: New Jersey Court Cracks Down

Morrison & Foerster LLP - Social Media on

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

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