Preservation of evidence is a critical element of litigation. The general preservation obligation arises from the common-law duty to avoid spoliation (loss or destruction) of relevant evidence so that it is available for use at trial.
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Results for: preservation
Preserved 91-minute video sufficient to capture ‘horrific storm’
Incardone v. Royal Caribbean Cruises, Ltd. No. 16-20924-CIV-MARTINEZ/GOODMAN (S.D. Fla. Aug. 12, 2019)In this claim for injuries sustained during a boat cruise, the court began its opinion by noting that “a picture is worth a thousand words.” Given that, “surely a...
Defendants deleted evidence before and after legal hold, then misrepresented its availability
In this employment case, the magistrate imposed monetary sanctions and recommended an adverse inference jury instruction for the defendants’ spoliation of electronically stored information (ESI). Although the defendants were on notice of the plaintiff’s claims and had a clear obligation to preserve relevant information, they intentionally deleted her email and work data…
The Preservation-Ready Organization
Over the last few weeks, In-House Insights has been exploring the importance of having a sound preservation plan and process in place. In developing and writing down your plan, your legal process becomes transparent, consistent, and repeatable – all fundamental elements of defensibility. But to be effective, a plan must…
Preservation Plan: Monitoring Compliance
The work doesn’t end after the legal team has issued a legal hold notice. Legal counsel has a duty to monitor custodians’ compliance with the hold instructions. Reasonable actions to satisfy this duty typically include…
Preservation Plan: Taking Action
Once the organization has determined the scope of the preservation obligation, it must take action to preserve the content within that scope. This typically involves notifying personnel about their need to preserve information and affording them adequate…
Defining the Scope of Preservation
Our goal for Elevate Ediscovery remains providing practical guidance and actionable tips for in-house ediscovery professionals on an array of ediscovery topics. In Part 3 of our series on data preservation best practices, we continue our discussion…
Robust Preservation Practices
Without rigorous preservation of discoverable data, there can be no ediscovery. What’s more, investing in your approach to data preservation can have a significant impact on not only potential spoliation sanctions, but also on many hidden costs of discovery…
Court rejects invasive and overbroad requests in data privacy case
Henson v. Turn, Inc. No. 15-cv-01497-JSW (LB), 2018 WL 5281629 (N.D. Cal. Oct. 22, 2018).In this data privacy class action, the court denied the defendant’s request to inspect the plaintiffs’ mobile devices. It also denied production of the plaintiffs’ full web...
Court declines sanctions where defendant deleted emails a decade before lawsuit
In re Abilify (Aripiprazole) Prods. Liab. Litig. No. 3:16-md-2734 (N.D. Fla. Oct. 5, 2018) In this multidistrict product liability case, the court denied spoliation sanctions where the defendant deleted emails a decade before the litigation began. The plaintiffs...
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