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Negligence Sanctions Spoliation

White and Williams LLP

Eastern District of Pennsylvania Clarifies Standard for Imposing Spoliation Sanctions

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Courts are faced with the difficult task of drawing a line to determine when the failure to preserve evidence becomes culpable enough to permit a judicial remedy. In State Farm Fire & Cas. Co. v. Cohen, No. 19-1947, 2020 U.S....more

Epiq

2017 eDiscovery Case Law Review

Epiq on

Electronic discovery cases that made headlines in 2017 featured well-known names such as Taylor Swift and Lynyrd Skynyrd, and reached all the way to the U.S. Supreme Court. As the year draws to a close, it’s a good time to...more

Bracewell LLP

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

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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

Saul Ewing Arnstein & Lehr LLP

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

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