Spoliation sanctions in eDiscovery are like walking on thin ice – they can (and should) be avoided by taking the right path. They can be big (e.g., millions of dollars). They can be scary (e.g., adverse inferences). And, they can be lying in wait in exactly as many places as electronically stored information.
For almost as long as electronically stored information has been a part of discovery, sanctions for failure to preserve ESI have been a part of it too. In the decade since Zubulake, most practitioners have gotten used to the idea that ESI is central to discovery, but the endless march of technological change has continued to present challenges to the fulfillment of preservation duties, for plaintiffs, defendants, and their attorneys alike.
Join presenter Matthew Verga, Modus Director of eDiscovery Strategy, on Wednesday, July 22, at 1 PM EDT for a free 1-hour webinar discussing recent spoliation case law.
- Triggering events, litigation holds and attorneys’ duties
- Mobile devices and social media materials
- The pending FRCP amendments
- Cases including Brown v. Tellermate, In Re: Pradaxa and Painter v. Atwood