Case Law
The Best Insurance Policy Is a Legal Hold
Case Law Recap: In Fidelity v. Captiva an insurance company failed to take the most elementary step to guard against the risk of spoliation: a…
Plaintiffs’ Failure to Preserve Key Players’ E-Mails Leads to Two Adverse Inferences
Case Law Recap AJ v. IP: This ediscovery dispute should serve as a wake-up call for parties that have yet to formalize their preservation protocol.
Where There’s Spoliation Smoke, There’s Not Always Fire
Court denies spoliation sanctions after finding the plaintiffs could not establish bad faith in Mead v. Travelers
Two Million Reasons Why Counsel Should Monitor Their Clients’ Preservation Efforts
In this trade secrets case, the U.S. International Trade Commission judge awarded sanctions for egregious spoliation and avoiding preservation.
Court Grants Judgment for Party After Attorney’s “Malicious” Destruction of Evidence
Case Law Recap Regulatory Fundamentals v. Governance Risk Management Compliance: Court grants judgment after attorney’s destruction of evidence.
Party’s “Unacceptable” Conduct Required Reopening of Discovery and Fees Award
Court reopens case and awards sanctions for unacceptable conduct in a False Claims Act matter
