Core Labs. LP v. Spectrum Tracer Servs., LLC, No. CIV-11-1157-M, 2016 WL 879324 (W.D. Okla. Mar. 7, 2016)

Key Insight: Where emails were lost in Defendant?s transition from one service provider to another, despite efforts to preserve, the court found that Plaintiff was prejudiced by the loss and found that a presumptive adverse inference was appropriate but declined to impose sanctions for Defendant?s deletion of ?personal? files prior to production of a hard drive for forensic analysis where the court found such deletion ?reasonable? and also declined to impose sanctions for the wiping of an at-issue computer where the court found no bad faith in light of the alleged ?computer problems? that the wipe was intended to address and Defendant?s claim that ?anything that needed to be kept? was exported first; notably court?s analysis included specific recognition of newly amended Rule 37(e) but also recognized a common law standard requiring only prejudice to impose a spoliation sanction

Electronic Data Involved: Emails, computer files, contents of hard drive