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…
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...
Siras Partners LLC v. Activity Kuafu Hudson Yards LLC No. 650868/2015, 2018 NY Slip Op 32484(U) (N.Y. Sup. Ct. Sept. 28, 2018) In this breach of contract case, the court refused to find that a vague threat of litigation was sufficient to trigger a duty to preserve...
How to determine when to enact a litigation response plan What is a trigger event? A trigger event is an indicator to an ediscovery professional that a litigation matter or regulatory investigation is likely to follow, when then triggers the duty to preserve...
Legal Holds in Ediscovery: What They Are and When You Need Them A legal hold, also known as a litigation hold, is the process by which an organization advises personnel when information must be preserved for potential litigation matters or investigations. The legal...
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S. District Court of Vermont may be the next seminal case for legal holds as the judge clarified several ambiguous points...