News & Analysis as of

Electronically Stored Information Motion for Sanctions Spoliation

EDRM - Electronic Discovery Reference Model

No Sanctions for Resetting Two Cellphones on Facts Presented; and, Social Media Posts Supported Dismissal

In Wenzler v. U.S. Coast Guard, 2025 WL 1445805 (Mar. 20, 2025), Wenzler alleged that he had been disenrolled from the voluntary U.S. Coast Guard Auxiliary based on his speech on social media.  Wenzler unsuccessfully asserted...more

Troutman Pepper Locke

New Best Practices Under E-Discovery Spoliation Rule

Troutman Pepper Locke on

As the volume of electronically stored information, or ESI, subject to discovery has exploded, allegations of spoliation have multiplied. Before the 2015 amendments to the Federal Rules of Civil Procedure, courts relied on...more

Farrell Fritz, P.C.

Court Dismisses Plaintiff’s Complaint As Sanction For Doctored Emails

Farrell Fritz, P.C. on

On August 1, 2018, Judge Beetlestone (E.D. Pa.) granted Defendants’ motion for sanctions based upon unequivocal evidence that Plaintiffs manipulated and fabricated emails material to the litigation. Although the Court...more

Butler Snow LLP

Everything Old is New Again: New Sources for Spoliation Sanctions

Butler Snow LLP on

A recent case in the Middle District of Tennessee highlights the scope and limits of spoliation sanctions under amended Rule 37(e). In Benefield v. MStreet Entertainment, LLC, 2016 WL 374568 (M.D. Tenn., Feb. 1, 2016), the...more

Arnall Golden Gregory LLP

Necessary Ingredients for Sound Legal Holds

Whenever e-discovery and healthcare litigation and investigations come up, you can almost always count on the topic to include a discussion of sanctions. That’s not an accident. There has been an uptick in both the volume of...more

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