Case Law
Spoliation Claims Require an Actual—Not Imagined—Loss of Evidence
It takes concrete evidence — not mere supposition — to support a claim of spoliation, as a recent case involving a permit dispute illustrates.
Court Permits Deposition of Court-Appointed Forensic Expert
In this antitrust lawsuit, the court granted the defendant’s motion to depose a court-appointed forensic expert who analyzed the plaintiffs ESI.
Failing to Plan and Oversee Discovery Is Planning to Fail
Counsel cannot simply issue a legal hold and expect custodians to understand and comply. They must take affirmative steps to monitor compliance.
Cautionary Tale – Hold More Than the Dressing
This cautionary tale conveys the importance of a properly issued legal hold notices and automating legal hold practices as part of preservation.
Failure to Implement Legal Hold and Supervise Discovery Among Counsel’s Sanctionable Sins
In HM Elecs. v. R.F. Techs., the court issued sanctions against defendants and counsel for intentionally withholding and destroying documents.
Parties That Want Spoliation Sanctions Can’t “Drag and Drop” the Ball
To carry the burden of proof on a spoliation claim, more than conjecture is required.
