Key Insight: When can a spoliation sanctions motion be brought? When does the person against whom the motion is brought have a duty to preserve?
Nature of Case: Copyright
Electronic Data Involved: online photograph
Keywords: Spoliation sanctions, metadata, native file
Key Insight: application of spoliation sanctions occurring in past matters
Nature of Case: product liability
Electronic Data Involved: electronic records, e-mails
Keywords: spoliation, prior sanctions, intent to deprive, prejudice, adverse instruction
Key Insight: proportionality, spoliation sanctions
Nature of Case: wrongful termination
Electronic Data Involved: text messages, e-mails
Keywords: spoliation, forensic imaging, relevance, duty to preserve, intent to deprive, prejudice, attorney’s fees
Key Insight: Spoliation; Duty to preserve; AC/WP; Voluntary disclosure doctrine
Nature of Case: Personal injury
Electronic Data Involved: ESI; Videos; Digital data and metadata; Photographs; SD/media card; email; Forensic exam of cell phone
Keywords: Dishonest report of personal injury; Summary Judgment; FRSA; LIA; Spoliation; dispositive sanctions; extraordinary circumstances; Willfulnes; Bad Faith; Prejudices; adverse inference; misappropriated documents; AC/WP
Key Insight: Spoliation; duty to preserve
Nature of Case: Civil Rights Title VII – Sexual harassment
Electronic Data Involved: Notebook; earnings records
Keywords: Loss of documents; Spoliation; duty to preserve; Bad Faith; Prejudice
Key Insight: A ruling of prejudice requires specificity as to documents. Intent is required for 37(3) sanctions, but courts can reserve the right to impose a lesser sanction after seeing hope evidence is presented at trial.
Nature of Case: Employment dispute
Electronic Data Involved: e-mails
Keywords: Spoliation sanctions, prejudice, specificity
Key Insight: Spoliation sanctions must remedy the harm caused by the loss, and if documents are produced there is little loss
Nature of Case: Intellectual Property (Trade secrets)
Electronic Data Involved: E-mail
Keywords: Spoliation, sanctions
Key Insight: Plaintiff performed “factory reset” on phone, deleting videos; Plaintiff had sent to EEOC, but could not produce e-mail; Was not enough for sanction of dismissal
Nature of Case: Employment Discrimination
Electronic Data Involved: Cell Phone Video
Keywords: Negligent Spoilation; Perjury; Sanctions
Key Insight: Terminating sanctions for alleged email spoliation is premature without compelling the documents 1st
Nature of Case: copyright infringement
Electronic Data Involved: deleted emails
Keywords: software copyright, accelerated email retention policy, terminating sanctions
Key Insight: Plaintiff failed to show that he was prejudiced by the failure to preserve surveillance footage
Nature of Case: 1983 Civil rights
Electronic Data Involved: surveillance footage
Keywords: failure to preserve, prejudice, spoliation sanctions
Copyright © 2022, K&L Gates LLP. All Rights Reserved.