Court fines defendant for failure to issue a legal hold, deletion of evidence and refusal to cooperate with discovery process.
Selective Preservation of Text Messages Uncovered with an Undisclosed Subpoena that Is Allowed to Impeach Evidence; Adverse Inference Sanction Results
Selective deletion of text messages results in adverse inference sanction in sexual harassment case.
Court rules that failure to preserve data to be grossly negligent or willful in Hart v. Fillon Cos.
Kirgan v. FCA LLC – Rule 1: Preserve ESI When Litigation is Forthcoming. Rule 2: Don’t Mislead When Breaking Rule 1, or Sanctions Will Follow
Court issues adverse inference instruction after defendant ignored preservation order and issued false testimony, to educate on compliance.