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
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
In December 2017, the Sunshine Project sued Missouri Governor Eric Greitens, alleging violations of the Missouri Open Records and Open Meetings Law because he and his staff used Confide, an “ephemeral” messaging app that...more
12/6/2018
/ Department of Justice (DOJ) ,
Digital Communications ,
Discovery ,
Duty to Preserve ,
Electronic Records ,
FCPA Corporate Enforcement Policy (CEP) ,
Mobile Apps ,
Open Meetings Act ,
Public Records ,
State and Local Government ,
Text Messages ,
Voluntary Disclosure ,
White Collar Crimes
A recent case offers a cautionary tale of how courts may cite to the requirements of amended Federal Rule of Civil Procedure 37(e), which governs imposing sanctions for failure to preserve electronically stored information...more
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