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When The Timing of Your Spoliation Motion Can Be As Important As Its Substance

A motion for an adverse inference was denied in Pratt v. Robbins, et al., 2024 WL 234730, Case No. 5:20-cv-170-GCM (W.D. N.C. Jan. 22, 2024) where Defendants failed to preserve or produce a video that might have contained...more

When a Forensic Exam of a Mobile Device May Be Warranted

With the evolution of technology, electronic communications -- particularly text messages -- can often provide a treasure trove of evidence. While requests for email communications and collections from hard drives and...more

Court Orders Spoliation Sanctions Requiring Defendants and Former Defense Counsel To Pay Attorneys’ Fees and Costs

In DR Distributors LLC v. 21 Century Smoking, Inc, v. CB Distributors, Inc. and Carlos Bengos, 2021 WL 185082, No. 12 CV 50324 (1/19/2021), Judge Johnston of the Northern District of Illinois, granted Plaintiff’s motion for...more

When Good Business Sense Doesn’t Make Good Legal Sense

In my role as a Senior E-Discovery Attorney, I often provide guidance to organizations in how to develop and implement policies governing data retention and disposition. When developing those policies, it is critical to...more

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