Matthew Hamilton

Troutman Pepper Locke

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Latest Posts › Adverse Inference Instructions

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New Cases Bring Lessons on Video Surveillance Preservation

Video surveillance is ubiquitous today and often sought in connection with injuries or litigation. As a result, courts are increasingly presented with disputes relating to the preservation and production of surveillance...more

9/18/2020 / Adverse Inference Instructions , Destruction of Evidence , Discovery , Duty to Preserve , Electronically Stored Information , FRCP 37 , FRCP 37(e) , Sanctions , Spoliation , Video Recordings

Spoliation Rule Remains Ambiguous Despite Amendments

Pursuant to Federal Rule of Civil Procedure 37(e)(2), imposition of the most severe sanctions for failure to preserve relevant electronically stored information — a presumption that the information lost was unfavorable, an...more

2/7/2020 / Adverse Inference Instructions , Destruction of Evidence , Discovery , Discovery Disputes , Duty to Preserve , Electronically Stored Information , Failure To Preserve , FRCP 37(e) , Sanctions , Spoliation

Can Amended Federal Rule of Civil Procedure 37(E) Rewrite Plaintiffs' Spoliation Playbook?

The application of Rule 37(e) may limit spoliation litigation to issues relevant to underlying claims and defenses. A key component in plaintiffs’ playbook when facing a corporate defendant is to attempt to try cases...more

4/19/2016 / Adverse Inference Instructions , Corporate Counsel , Discovery , Duty to Preserve , Electronically Stored Information , FRCP 37(e) , Sanctions , Spoliation , Young Lawyers

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