News & Analysis as of

Spoliation

Brownstein Hyatt Farber Schreck

What Businesses Need to Know About Colorado’s New Pre-Complaint Preservation Standard

In a recent opinion, the Colorado Supreme Court set a new standard for preserving evidence even before litigation begins....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Citizen Suit Action/Clean Water Act: Two California Municipalities' Motion Alleges Spoilation of Laboratory Data by Environmental...

The Towns of Sunnyvale and Mountain View, California (collectively, “Cities”) filed a January 17th Pleading against San Francisco Baykeeper (“Baykeeper”) styled: Defendants’ Motion for Sanctions for Spoilation of...more

Warner Norcross + Judd

Employment Terminations Based on “Cultural Fit”: A Cautionary Tale for Employers

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On June 17, the U.S. Court of Appeals for the Sixth Circuit issued Kean v. Brinker International, Inc., an opinion that reverses summary judgment for the employer and sends a former Chili’s general manager’s Age...more

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

Searcy Denney Scarola Barnhart & Shipley

Big-Rig Black Boxes: They Hold the Truth After a Crash – Be Sure to Get It

Truck crash scenes reveal only part of the full story through their debris. Hidden deep within the cab of that 18-wheeler may be a crucial piece of evidence: The electronic control module (ECM), which serves as the truck’s...more

Cadwalader, Wickersham & Taft LLP

Watch Out for Auto-Delete: Delaware Court of Chancery Sanctions Former Meta Officer for Deleting Personal Emails

In a recent decision, In re Facebook Inc. Derivative Litigation, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery imposed litigation sanctions on a former officer and director of Meta Platforms, Inc....more

Rumberger | Kirk

What Constitutes Spoliation of Video Evidence?

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On March 12, 2025, in the lawsuit Wal Mart Stores East, LP v. Pineda, Florida’s Third District Court of Appeal held that Wal Mart (Walmart) did not negligently or intentionally fail to preserve evidence and that an adverse...more

J.S. Held

Proper Collection, Handling, Storage & Disposal of Physical Evidence (Second Edition)

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Regardless of the specific cause of property damage—whether it be vehicle impact, structural collapse, construction defects, equipment failures, fire or explosion, hail, lightning, storms, animal activity, or water...more

Redgrave LLP

Evergreen Employee Training on Legal Hold Data Preservation: A Modern Organizational Necessity

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The ever-changing landscape of data sources used in modern organizations presents significant challenges to data preservation and discovery compliance. Successful organizations address such challenges by ensuring that...more

Cimplifi

Going Mobile: Recent Mobile Device Case Law Trends, Part 2

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Disputes related to the relevance and accessibility of the data are one of the most common types of disputes regarding mobile devices. Another common type of dispute is typical with all sources of electronically stored...more

Stark & Stark

How to Present Your Story in Divorce Court: Evidence Strategies

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Divorce and family law proceedings can be emotionally charged and legally complex, particularly when disputes arise over issues such as property division, child custody, spousal support, or allegations of misconduct....more

Minerva26

Ready to File a Motion for Sanctions? Make Sure You Tell the Court.

Minerva26 on

Filing a motion for sanctions under Rule 37(e) requires a strong evidentiary foundation. But there's another factor that's just as critical — timing. Courts have broad discretion in how they handle sanctions, and...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for March 2025 - March 20th, 1:00 pm - 2:00 pm ET

No need for blarney, we have six great cases! In our March 2025 monthly webinar of cases covered by the eDiscovery Today blog, we will discuss disputes related to sanctions over spoliated video evidence, quashing subpoenas of...more

EDRM - Electronic Discovery Reference Model

Li. v. Merck Addresses: Trigger; Spoliation Discovery; and, Document Unitization

In Li v. Merck & Co., Inc., 2025 WL 429013 (N.D. Cal. Feb. 7, 2025), the court addressed a number of discovery disputes in a lawsuit by a terminated employee against her former employer....more

Morgan Lewis

Key Themes and Actionable Insights from Recent eDiscovery Case Law – Q4 2024

Morgan Lewis on

Recent developments in eDiscovery case law highlight significant trends legal counsel, eDiscovery professionals, and business leaders should keep an eye on, including the growing complexity of privilege assertions, the...more

Nextpoint, Inc.

Key Discovery Points: Timing Sweet Spots for Spoliation Motions

Nextpoint, Inc. on

In the case of Groves Inc. v. R.C. Bremer Mktg. Assocs. (No. 22 CV 50154, N.D. Ill. Nov. 22, 2024), Judge Iain D. Johnston denied the plaintiff’s spoliation motion without prejudice while offering valuable insight into the...more

EDRM - Electronic Discovery Reference Model

Cross-Motions to Compel in Employment Lawsuit

In Cooper v. Baltimore Gas and Electric Co., 2025 WL 404246 (D. Md. Feb. 5, 2025)(Coulson, J.), Ms. Cooper sued BG&E and another employer for sexual harassment and discrimination....more

Morris James LLP

Failure to Maintain Legal Hold Leads to Spoliation, Sanctions, and Fee Shifting in Delaware Superior Court CCLD

Morris James LLP on

Huntsman Int'l, LLC v. Benelux, C.A. No. N17C-11-242 MAA CCLD (Del. Super. Ct. Aug. 13, 2024). In the age of big data, discovery can extend beyond traditional documents and communications to myriad tools and databases....more

Kilpatrick

Spoiler Alert! Another Legal Update on Data Preservation and Spoliation Implications

Kilpatrick on

There appears to be a recent theme on this blog regarding data preservation and spoliation, and—not to spoil anyone’s appetite for this important topic—we are back with another one. And for good reason given the heightened...more

EDRM - Electronic Discovery Reference Model

Fabricated Text Messages – – Some Lessons Are Never Learned

In Ex-Prosecutor Disbarred For Fabricating Harassing Texts – Law360 (Jan. 7, 2025), Thy Vo reported on a fabrication of evidence case. The decision, State of Colorado vs. Yujin Choi, No 24PDJ019, is not yet posted on Recent...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for January 2025 - January 22nd, 1:00 pm - 2:00 pm ET

New year, new case law! In our January 2025 monthly webinar of cases covered by the eDiscovery Today blog, we will discuss disputes related to whether emojis constitute contract agreement, privilege status of text messages,...more

Array

This Week in eDiscovery: Sedona Conference Commentary on Cross-Border Discovery | $845K Spoliation Award

Array on

Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of December 8-14. Here’s what’s...more

Kilpatrick

Planting the Seeds of Accountability for Spoliation Sanctions

Kilpatrick on

When seeking sanctions for spoliated evidence, the nature of the evidence and your jurisdiction can play a pivotal role. Are you in state or federal court? Is the missing evidence electronically stored information or not? The...more

Pagefreezer

Social Media Evidence Spoliation and Preservation

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There are few better cases that illustrate the risks of social media spoliation than Lester v. Allied Concrete Company....more

Holland & Knight LLP

Texas Case Offers Lessons Learned from Data Requests and Criminal Causes of Action

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In Angelyn A. Olson et al. v. The Consilio LLC, et al. filed in Tarrant County, Texas, plaintiff Angelyn Olson alleged that she was involved in other litigation during which an e-discovery service provider (Consilio) was...more

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