Preservation practices
Special Master Finds Discovery Misconduct Made a “Mockery of the Orderly Administration of Justice” and Deserved Default Judgment
Takeaway for this case law is that organizations must ensure their legal hold captures all potentially responsive evidence from all data sources.
Fifth Circuit Decision Creates Catch-22 for Organizations Issuing Legal Holds in Whistleblower Actions
Case Law Recap Halliburton v. Admin: We learn counsel should be sensitive to the nature of the case in constructing legal hold notices.
City’s Faulty Preservation Practices Lead to Sanctions
In this employment-related dispute, Arizona city is sanctioned for faulty preservation practices in Vincente v. City of Prescott.
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.
Arizona District Court Imposes Harsh Sanctions for Spoliation with a ‘Culpable Mind’ in Day v. LSI
In Day v. LSI, court levels heavy sanctions against LSI Corporation and rules that key lost documents prejudiced the case and delayed justice.
Despite No Evidence of Spoliation, Court Orders Up to $70K in Sanctions for Preservation Failures Anyway
A District Judge in New Jersey upheld the opinion of a Magistrate’s finding of sanctions on appeal in a liability case out of U.S. District…
