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Duty to Preserve › Email › Evidence

EDRM - Electronic Discovery Reference Model

Failure to Show “Intent to Deprive” Leads to Denial of Rule 37(e)(2) Sanctions

EDRM - Electronic Discovery Reference Model on

A motion for spoliation sanctions under Fed.R.Civ.P. 37(e) was denied in Boshea v. Compass Marketing, Inc., 2024 WL 811468 (D. Md. Feb. 27, 2024). The motion was argued and decided during trial. The suit by a former...more

BCLP

Discovery of Text Messages, IMs, DMs

BCLP on

Text-messages-as-evidence has been a hot topic in the popular press lately. The Secret Service apparently lost some volume of text messages surrounding January 6 events even after congressional committees had requested...more

Husch Blackwell LLP

The Difference Between Routine Document Destruction And Spoliation

Husch Blackwell LLP on

In today’s world, there is a tendency to believe that everything must be preserved forever. The common belief is that documents, emails, text messages, etc. cannot be deleted because doing so may be viewed as spoliation...more

Farrell Fritz, P.C.

“You Can’t Heal What You Never Reveal”: Plaintiffs Are Entitled To Sanctions And Adverse Inference At Trial Because Jay-Z And S....

Farrell Fritz, P.C. on

The duty to preserve potentially relevant evidence – documentary or electronic – arises when a lawsuit is reasonably anticipated. Although this is a subjective standard, Parlux Fragrances, LLC et al v. S. Carter...more

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