Ediscovery
Puerto Rico Magistrate Judge Denies Adverse Inference Motion Absent of Prejudice for Spoliation of Executives’ Personal Email
Defendant avoids adverse inference sanction after issuing timely legal hold and being willing to recover lost electronically stored information (ESI).
Kansas Federal Court Finds No Prejudice as Grounds for Denying Spoliations Sanctions
In Herrmann v. Rain Link, the magistrate judge recommended an adverse inference be denied because the plaintiff couldn’t show spoliation of ESI.
Slate of Proposed FRCP Amendments Approved for Public Comment on June 3
Judicial Conference voted to approve the proposed amendments to the FRCP for public comment, the amendment to Rule 37(e) is the most relevant
Colorado Court Deems Loss of ‘Key Player’s’ Evidence a Sanctionable Offense in Hart v. Dillon
Court rules that failure to preserve data to be grossly negligent or willful in Hart v. Fillon Cos.
Proposed Rules Changes Seek to Standardize Sanctions for Spoliation
Proposed amendment to Rule37(e) seeks to limit sanctions in cases of spoliation
Solid Preservation Policy Turns Back Defendants’ Motion for Sanctions in New York
RF SUNY had a solid policy in place, issued timely legal holds, and audited custodial compliance so they were able to repel sanctions for spoliation.