News & Analysis as of

Missing Transmittal Envelope Was Not The Intentional Spoliation Of Evidence Justifying Indiana Tax Court’s Dismissal Of Income Tax...

An Indiana gambler lost another hand in the latest ruling by the Tax Court on his continuing discovery disputes with the Indiana Department of Revenue. On September 18th the Court denied Nick Popovich’s motion for default...more

Circuit Court Finds Failure to Provide Sufficient Evidence, Affirms Denial of Sanctions (Ohio)

Automated Solutions Corp. v. Paragon Data Sys., Inc., 2014 WL 2869286 (6th Cir. June 25, 2014). In this copyright infringement case, the plaintiff appealed a lower court’s ruling that denied the spoliation sanctions...more

Texas Supreme Court Issues New Framework for Spoliation Sanctions

On July 3, 2014, the Texas Supreme Court issued an opinion intended to clarify the circumstances in which a trial court may impose sanctions for spoliation, including specifically the submission of a spoliation instruction to...more

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

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

S.D.N.Y. Issues Spoliation Sanctions Against Foot Locker

The sanctions recently levied against Foot Locker serve as a potent reminder that understanding data and document preservation requirements is imperative. A New York federal judge issued sanctions against Foot Locker last...more

Court Aims to "Fill in the Gaps" of Texas Spoliation Law

Acknowledging increasing difficulties associated with maintaining large volumes of electronic information in today's digital age, the Texas Supreme Court recently issued its opinion in Brookshire Bros. v. Aldridge. The...more

Sixth Circuit Analyzes Standards for Sanctions for Failing to Preserve Evidence

In Automated Solutions Corp. v. Paragon Data Systems, 2014 U.S. App. LEXIS 11918 (6th Cir. June 25, 2014), the United States Court of Appeals for the Sixth Circuit provided a close examination of the standards required for...more

Texas Supreme Court Rules on Spoliation Instructions

The court holds that, with rare exception, intent is required for spoliation instructions in Texas. On July 3, the Texas Supreme Court issued its ruling in Brookshire Brothers, Ltd. v. Aldridge, holding, with a narrow...more

Texas Supreme Court Clarifies Spoliation Under Texas Law

After years of awaiting clarity from the Supreme Court of Texas regarding spoliation under Texas law, the Supreme Court issued a significant decision that will shift how Texas state courts handle civil jury instructions...more

The New Rule 37(e) Pushes Forward

The proposed revision of Rule 37(e), which recently cleared another hurdle in the rulemaking process, could dramatically limit the exposure companies face from spoliation claims. It may also go too far....more

PersonalWeb v. Google: Duty to Preserve Emails Began When Patent Was Acquired

PersonalWeb Technologies, LLC ("PersonalWeb") filed a patent infringement action against Google for infringement of its "Truenames" patents. Google filed a motion for sanctions based on a contention that PersonalWeb...more

District Court Refuses to Vacate Sanctions Ruling for Spoliation after Settlement

Digital-Vending Services International, LLC ("Digital-Vending") filed a patent infringement action against The University of Phoenix, Inc. and Apollo Group, Inc. ("Defendants"). During the course of the litigation, the...more

Sanctions ordered against business for unintentional failure to protect evidence in anticipation of litigation

Following a broadening trend, the U.S. District Court for the Southern District of California recently held that a party is subject to sanctions – including an adverse inference instruction at trial – for negligently failing...more

Google Case Provides Spoliation Exception to Living Document Safeguard

Google has come under scrutiny in the last few years over collecting information from users’ email accounts to provide targeted advertising for its paid clients. ...more

The Dog Ate My Evidence: Document Destruction Policies And The Duty To Preserve

In This Issue: - The Duty to Preserve ..What triggers the duty to preserve? ..Who has a duty to preserve? ..What is the scope of the duty to preserve? - Litigation Hold Notices - Potential...more

October 2013 Bonus Case Summaries: New York: Commonly Occurring Incidents Trigger a Duty to Preserve

Taylor v. City of New York, 2013 WL 4744806 (S.D.N.Y. Sept. 4, 2013). In this criminal law case, the plaintiff moved for sanctions for spoliation of video footage of a fight between prison inmates. ...more

October 2013 Bonus Case Summaries: West Virginia: Defendants’ Spoliation Warrants Costs and Fees

Clay v. Consol Pennsylvania Coal Co. LLC, 2013 WL 4854746 (N.D.W. Va. Sept. 11, 2013). In this racial discrimination case, the plaintiff moved for spoliation sanctions after the defendants failed to provide plaintiff with...more

[Legal Perspective] When Is It NOT Okay to Delete Your Social Media Account? [Video]

Is it ever NOT okay to delete your social media account? That's the question we ask in this JD Supra Legal Perspective. And for an answer, we look at recent coverage of a case in which an airline worker in New Jersey...more

No, You Can’t Deactivate Your Facebook Account When Litigation Is Pending

A federal magistrate judge in New Jersey recently sanctioned a plaintiff for evidence spoliation after he deactivated his Facebook account during litigation, resulting in its permanent deletion by Facebook after 14 days...more

Spoliation Sanction For Deactivating Facebook Account

In a recent decision from the District of New Jersey, Gatto v. United Air Lines, Inc, et al., No. 10-cv-1090, 2013 U.S. Dist. LEXIS 41909 (D.N.J. March 25, 2013), the Court found that the Plaintiff had destroyed and/or failed...more

Social Media in Litigation

The first quarter of 2013 was among the busiest yet for developments in the use of social media in litigation. First, courts have continued to weigh in on the extent to which a party can obtain discovery of an opposing...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

Electronic Discovery: Avoiding Disaster: 2013 Zubulake Updates

It is always a good idea to Shepardize or Keycite important cases, especially when the case involves the ever evolving area of e-discovery. We find ourselves always checking the cases in our CLE entitled “Electronic...more

S.D.N.Y. Sanctions Ryan Leslie For Negligently Destroying His Laptop’s Hard Drive

It is not really a surprise when a celebrity makes the news after being sued; we see it happen all time. Those cases typically involve some sort of misconduct, domestic issue, or some other media-driven dispute. It is not...more

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