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Destruction of Evidence Discovery

Locke Lord LLP

Spoliation: When the Duty to Preserve Data Outweighs the Obligation to Delete

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Implementing and enforcing appropriate legal holds is essential to preventing the destruction of data related to current or anticipated litigation and avoiding inadvertent spoliation claims. Depending on the nature of the...more

EDRM - Electronic Discovery Reference Model

April’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published April 17, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more

Morris James LLP

Spoliation of Email and Texts Leads to Adverse Inferences and Fee Shifting

Morris James LLP on

Gener8 LLC v. Castanon, 2022-0246-LWW (Del. Ch. Sept. 29, 2023) - This dispute concerned a non-compete agreement that the plaintiffs alleged the defendant breached by establishing a competing business. The defendant denied...more

EDRM - Electronic Discovery Reference Model

December’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published December 21, 2023 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for November 2023 - November 16th, 1:00 pm - 2:00 pm ET

It’s time to be thankful – for eDiscovery case law! Our November 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses permissive inference sanctions for destruction of video, sanctions for failing to...more

Burns & Levinson LLP

Are You Prepared to Avoid Spoliation? The Duty to Preserve Begins Sooner Than You Might Think

Burns & Levinson LLP on

Few terms make litigators shudder like the dreaded spoliation; and for good reason. The consequences of a company’s failure to preserve evidence that might be relevant in prospective litigation can be severe.  What many...more

EDRM - Electronic Discovery Reference Model

Don’t Get Sanctioned Like These Parties

A review of recent case law by EDRM Guardian Partner Exterro’s E-Discovery Case Law Project - Five or so years ago, legal professionals were hearing about “the end of sanctions.” Changes in the Federal Rules of Civil...more

Robins Kaplan LLP

Recall Message! Do Yourself (and Your Employer) a Favor and Sharpen Your Email Game

Robins Kaplan LLP on

This isn’t the 1990s: Email isn’t a new technology. By now, we all know that our work emails aren’t private, and most of us exercise some discretion in deciding what to “put in writing” in our business communications. We’ve...more

Kilpatrick

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

Kilpatrick on

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

Pierce Atwood LLP

Intentional Deletion and Manipulation of Electronic Data Leads to Default Judgment

Pierce Atwood LLP on

Every day we are reminded that we live in a digital world by looking down at our smartphones and logging onto our computers. Though the legal field is generally slow to jump on the bandwagon of new technology, the use of...more

Dentons

How to Avoid Spoliation of Evidence Allegations

Dentons on

A potential pitfall in navigating a litigated, or potentially litigated claim, is not properly preserving evidence. Attorneys and parties must preserve potentially relevant evidence when they know or should know, that a claim...more

Association of Certified E-Discovery...

[Webinar] ZyLAB Re-Invents Legal Hold Notification - November 17th, 1:00 pm - 2:00 pm ET

In 2003 Judge Shira Scheindlin wrote “once a party reasonably anticipates litigation, it must suspend its routine document retention/destruction policy and put in place a 'litigation hold' to ensure the preservation of...more

Association of Certified E-Discovery...

[Webinar] Hold On! What Do You Mean By Preservation of Evidence? - October 21st, 2:00 pm - 3:00 pm BST

A Legal Hold, also known as litigation hold, document hold, hold order, or preservation order, has more commonly been a US term but organisations in the UK and Europe also need to ensure their data preservation practices are...more

Troutman Pepper

New Cases Bring Lessons on Video Surveillance Preservation

Troutman Pepper on

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

Hanzo

Think You Don’t Need to Preserve Slack Data for Discovery? Think Again

Hanzo on

Remember the story that the Verge broke a few years ago—aka December 2019—about Steph Korey, the Away CEO who stepped down after former employees claimed that she created a “toxic work culture” through Slack messages? Away,...more

Smith Anderson

Lessons Learned: Destroying Relevant Evidence Can Be Catastrophic in Litigation

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The Fourth Circuit upholds severe sanctions against a party who fails to preserve evidence in litigation. A recent decision of the U.S. Court of Appeals for the Fourth Circuit emphasizes the importance of preserving...more

Baker Donelson

Sitting with the C-Suite: In-House Counsel - Leveraging Text Classification to Problem Solve

Baker Donelson on

Dr. David Lewis has over 30 years of data science experience, specifically with machine-learning and text classification. Dave holds numerous patents and joined Brainspace Corporation, an AppGate Company, in 2016. He holds a...more

Proskauer - Minding Your Business

To the Victor Go the Spoliation Sanctions: Eastern District of Louisiana Exercises Inherent Power to Issue Sanctions for...

Parties should think twice before posting potential evidence on social media, as the Plaintiff in Guarisco v. Boh Brothers Construction learned recently. The Eastern District of Louisiana imposed sanctions on Plaintiff for...more

Troutman Pepper

Spoliation Rule Remains Ambiguous Despite Amendments

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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

Epiq

Exercising Discretion and Lifting Sanctions: The Case of CrossFit’s Big Win Against Discovery Violations 

Epiq on

A federal judge in California awarded severe sanctions on Dec. 4, 2019 in the case of CrossFit, Inc. v. National Strength and Conditioning Association. CrossFit sued the National Strength and Conditioning Association (NSCA)...more

Reveal

Is eDiscovery Existing in a Post-Sanctions World?

Reveal on

Is eDiscovery Existing in a Post-Sanctions World? The short (and obvious) answer is no. Rule 37(e) isn’t going anywhere. But recent case law indicates a trend where sanctions seem to be harder to come by, which may play...more

Seyfarth Shaw LLP

Court Sanctions Defendant for Failure to Preserve Text Messages in Copyright Infringement Suit Brought by Prince’s Estate

Seyfarth Shaw LLP on

This is what it sounds like, when sanctions are granted. In March 2019, a federal judge in Minnesota sanctioned Defendants for their failure to preserve text messages in a copyright infringement suit brought in part by the...more

Reveal

Deleted ESI Doesn’t Automatically Mean Sanctions: Two Recent Cases Highlight the Spoliation Thresholds in Rule 37(e)

Reveal on

Two Recent Cases Highlight the Spoliation Thresholds in Rule 37(e)  - With the 2015 FRCP amendments quickly nearing a half-decade in existence, case-law continues to define how these rules are upheld in court, especially...more

White and Williams LLP

Texas Walks the Line on When the Duty to Preserve Evidence at a Fire Scene Arises

White and Williams LLP on

The extent to which a loss scene can be altered before adversaries can legitimately cry spoliation has long been a mysterious battleground in the world of subrogation. In the case of In re Xterra Constr., LLC, No....more

Sands Anderson PC

Fairness in the Adversary Process (Part One): Lawyers and the Discovery of the Truth

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Our adversarial legal system contemplates that each party will have the opportunity to fully investigate the facts of a dispute and bring to the attention of the trier of fact those facts most favorable to its position. This...more

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