Federal Rule of Civil Procedure 37(e)
Magistrate rejects claims of “innocent” mistakes to find intentional spoliation
The magistrate rejected the plaintiff’s claim that it lost a year of emails through a series of innocent mistakes, finding its spoliation intentional.
The 2018 Mid-Year Ediscovery Case Law Recap
Halfway through 2018, we take a look at what’s happened in ediscovery case law so far this year, focusing on a few big themes: spoliation…
What is the FRCP?
This quick guide to the Federal Rules of Civil Procedure (FRCP) explains where the rules come from, what they do, and how they influence ediscovery.
Court Denies Plaintiff Sanctions for Failure to Prove ESI Loss
The court declined spoliation sanctions where there was no evidence that the defendants anticipated litigation or that lost data couldn’t be replaced.
‘Academy Award’-Worthy Denials Can’t Save Uber From Spoliation
In this highly publicized case alleging trade secret misappropriation, the court held that Uber spoliated relevant ESI that it should have preserved.
Reasonable Steps to Preserve Evidence Yield More Than Selective Preservation
In Sec. Alarm Fin. Enters., L.P. v. Alarm Protection Tech., limited sanctions were appropriate under Federal Rule of Civil Procedure 37(e)(1) where a party engaged…
