Spoliation
Failure to Implement Legal Hold and Supervise Discovery Among Counsel’s Sanctionable Sins
In HM Elecs. v. R.F. Techs., the court issued sanctions against defendants and counsel for intentionally withholding and destroying documents.
The Recoverability of Files Is Irrelevant to Imposition of Sanctions
As this case reveals, the underlying intent of deletion is sufficient to merit sanctions, regardless of whether any lost files are recoverable.
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.
Court Grants Judgment for Party After Attorney’s “Malicious” Destruction of Evidence
Case Law Recap Regulatory Fundamentals v. Governance Risk Management Compliance: Court grants judgment after attorney’s destruction of evidence.
What Is the Extent of Counsel’s Obligation to Ensure Clients Preserve Data?
Hosch v. BAE Sys. Info. Solutions, Inc., the judge cited Hosch’s “severely egregious conduct” and dismissed his prejudice.
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.
