Sign up for our news digest



i

Case Law Analysis

A single court ruling can dramatically change the ediscovery field. We review and summarize the latest developments in ediscovery case law.

Defendants deleted evidence before and after legal hold, then misrepresented its availability

Defendants deleted evidence before and after legal hold, then misrepresented its availability

In this employment case, the magistrate imposed monetary sanctions and recommended an adverse inference jury instruction for the defendants’ spoliation of electronically stored information (ESI). Although the defendants were on notice of the plaintiff’s claims and had a clear obligation to preserve relevant information, they intentionally deleted her email and work data…

Appellate court reverses exclusion of evidence about spoliation, remands

Appellate court reverses exclusion of evidence about spoliation, remands

We’ve previously written about GN Netcom, Inc. v. Plantronics, Inc. — a long-running antitrust matter involving egregious spoliation of emails — but the saga isn’t over yet. In this recent opinion, the Third Circuit Court of Appeals affirmed the district court in part, reversed it in part, and remanded the matter for a new trial.

Sign up for our news digest