News & Analysis as of

Destruction of Evidence

Stark & Stark

Product Defect Representation for Tesla Supercharger Injuries

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Automotive giant Tesla is facing increasing criticism following allegations that the company failed to implement adequate warnings and safety measures on its popular Tesla Supercharger stations. The scrutiny arose after...more

BakerHostetler

Antitrust Sanctions: The Duty to Preserve Chats

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On August 5, 2024, District Judge Amit P. Mehta (U.S. District Court, District of Columbia) ruled in United States v. Google LLC that Google violated §2 of the Sherman Act by monopolizing the internet search engine market....more

Locke Lord LLP

Spoliation: When the Duty to Preserve Data Outweighs the Obligation to Delete

Locke Lord LLP on

Implementing and enforcing appropriate legal holds is essential to preventing the destruction of data related to current or anticipated litigation and avoiding inadvertent spoliation claims. Depending on the nature of the...more

EDRM - Electronic Discovery Reference Model

April’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published April 17, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more

Farrell Fritz, P.C.

Second Circuit Defines “Willfulness” Standard Under Anti-Kickback Statute

Farrell Fritz, P.C. on

Recently, in United States ex rel. Hart v. McKesson Corp., the Second Circuit clarified the standard for acting “willfully” under the federal anti-kickback statute (AKS). False Claims Act relator Adam Hart alleged that...more

Morris James LLP

Spoliation of Email and Texts Leads to Adverse Inferences and Fee Shifting

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Gener8 LLC v. Castanon, 2022-0246-LWW (Del. Ch. Sept. 29, 2023) - This dispute concerned a non-compete agreement that the plaintiffs alleged the defendant breached by establishing a competing business. The defendant denied...more

EDRM - Electronic Discovery Reference Model

December’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published December 21, 2023 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for November 2023 - November 16th, 1:00 pm - 2:00 pm ET

It’s time to be thankful – for eDiscovery case law! Our November 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses permissive inference sanctions for destruction of video, sanctions for failing to...more

Shook, Hardy & Bacon L.L.P.

Fifth Circuit Clarifies Standards Regarding Spoliation of Evidence and Expert Witness Qualifications

The Fifth Circuit’s recent decision in Van Winkle v. Rogers, No. 22-30638, 2023 WL 5994138 (5th Cir. Sept. 15, 2023), underscores the critical importance of preserving evidence while also reinforcing Federal Rule of Evidence...more

Proskauer - Minding Your Business

Court Orders Significant Sanctions Against Plaintiff for Wiping Company Laptop but Stops Short of Dismissing Complaint

A recent order from a federal magistrate judge provides helpful insight to parties concerning the destruction of evidence and the proof required to obtain the ultimate sanction of dismissal of a case as a result of such...more

White and Williams LLP

Indiana Appellate Court Allows Third-Party Spoliation Claim to Proceed

White and Williams LLP on

In Safeco Insurance Company of Indiana as Subrogee of Ramona Smith v. Blue Sky Innovation Group, Inc., et al, No. 22A-CT-1924, 2023 Ind. App. LEXIS 157, the Court of Appeals of Indiana (Appellate Court) reversed a trial court...more

Reveal

Preservation of Evidence: Methods and Best Practices You Should Adopt in 2023

Reveal on

In our adversarial justice system, litigants rely on evidence to explain their side of a dispute. Today, much of that evidence is digital. If an organization allows digital evidence to be compromised, lost, or destroyed, it...more

Bradley Arant Boult Cummings LLP

Preserve Your Claims by Preserving the Evidence

A recent case out of Washington serves as a good reminder to preserve evidence that may be relevant to pending or future litigation. That includes not only evidence in the form of documents and electronic information, but...more

Burns & Levinson LLP

Are You Prepared to Avoid Spoliation? The Duty to Preserve Begins Sooner Than You Might Think

Burns & Levinson LLP on

Few terms make litigators shudder like the dreaded spoliation; and for good reason. The consequences of a company’s failure to preserve evidence that might be relevant in prospective litigation can be severe.  What many...more

The Volkov Law Group

DOJ Charges Russian Oligarch Oleg Deripaska and Three Associates for Sanctions Evasion and Obstruction of Justice

The Volkov Law Group on

In a significant action, the Justice Department brought criminal charges against the notorious Russian Oligarch, Oleg Deripaska, for sanctions evasion and obstruction of justice.  DOJ also charged three associates, Natalya...more

EDRM - Electronic Discovery Reference Model

Don’t Get Sanctioned Like These Parties

A review of recent case law by EDRM Guardian Partner Exterro’s E-Discovery Case Law Project - Five or so years ago, legal professionals were hearing about “the end of sanctions.” Changes in the Federal Rules of Civil...more

Robins Kaplan LLP

Recall Message! Do Yourself (and Your Employer) a Favor and Sharpen Your Email Game

Robins Kaplan LLP on

This isn’t the 1990s: Email isn’t a new technology. By now, we all know that our work emails aren’t private, and most of us exercise some discretion in deciding what to “put in writing” in our business communications. We’ve...more

Jackson Lewis P.C.

$7.5 Million Jury Verdict for Employer in Unfair Competition and Restrictive Covenant Case

Jackson Lewis P.C. on

At the end of a complicated case, an employer obtained a nearly $7.5 million jury verdict in enforcement of restrictive covenant agreements and as a result of the unfair competition and breaches of the duty of loyalty of a...more

Kilpatrick

Court Orders Spoliation Sanctions Requiring Defendants and Former Defense Counsel To Pay Attorneys’ Fees and Costs

Kilpatrick on

In DR Distributors LLC v. 21 Century Smoking, Inc, v. CB Distributors, Inc. and Carlos Bengos, 2021 WL 185082, No. 12 CV 50324 (1/19/2021), Judge Johnston of the Northern District of Illinois, granted Plaintiff’s motion for...more

Pierce Atwood LLP

Intentional Deletion and Manipulation of Electronic Data Leads to Default Judgment

Pierce Atwood LLP on

Every day we are reminded that we live in a digital world by looking down at our smartphones and logging onto our computers. Though the legal field is generally slow to jump on the bandwagon of new technology, the use of...more

ArentFox Schiff

Investigations Newsletter: French Concrete Contractor to Pay $3.9 Million FCA Penalty

ArentFox Schiff on

French Concrete Contractor to Pay $3.9 Million FCA Penalty - On February 17, 2021, the Department of Justice (DOJ) announced that a French company, COLAS Djibouti SARL, agreed to pay $3.9 million to resolve allegations...more

Hogan Lovells

Coronavirus: The Hill and the Headlines, December 2020 # 8

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In Washington: The Food and Drug Administration’s (FDA) vaccine advisory panel voted to recommend that the FDA authorize the Pfizer-BioNTech vaccine for emergency use. A Centers for Disease Control and Prevention (CDC)...more

Harris Beach PLLC

Deleting Cell Phone Images May Result In an Adverse Inference Against Plaintiffs Seeking Damages

Harris Beach PLLC on

In Luzuriaga v. FDR Servs. Corp., 2020 NY Slip Op 07185 (2d. Dep’t 2020), the Appellate Division, Second Department of the New York State Supreme Court recently affirmed a lower decision to grant a defendant’s request for an...more

Dentons

How to Avoid Spoliation of Evidence Allegations

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A potential pitfall in navigating a litigated, or potentially litigated claim, is not properly preserving evidence. Attorneys and parties must preserve potentially relevant evidence when they know or should know, that a claim...more

Association of Certified E-Discovery...

[Webinar] ZyLAB Re-Invents Legal Hold Notification - November 17th, 1:00 pm - 2:00 pm ET

In 2003 Judge Shira Scheindlin wrote “once a party reasonably anticipates litigation, it must suspend its routine document retention/destruction policy and put in place a 'litigation hold' to ensure the preservation of...more

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