preservation
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.
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.
Dismissal Is the Appropriate Sanction in Light of Party’s “Considerable Efforts to Mislead and Confuse”
In breach of a real estate contract, court imposes sanctions, dismissed action and awards attorneys fees in response to continued noncompliance.
Texas Judge Orders Adverse Inference Sanction for ‘Staggering’ Loss of Evidence
In this case, the Texas Judge court issued adverse inference sanctions against the plaintiff for extreme data loss and bad faith.
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.
