Key Insight: spoliation sanctions
Nature of Case: general/professional liability
Electronic Data Involved: handwritten notes
Keywords: spoliation, two-factor test, institutional notice, relevance, adverse inference
Key Insight: Sanctions because party violated court order to produce expert witness for deposition and didn’t notice until afterwards
Nature of Case: employee class action
Electronic Data Involved: expert witness deposition
Keywords: expert deposition, timing, subpoena , sanctions, expert witness, expert fees, court order violation
Key Insight: Filings for spoliation sanctions should be timely, years after alleged destruction suggests untimely
Nature of Case: Insurance subrogation
Electronic Data Involved: Testing data from safety devices
Keywords: Spoliation, sanctions, boiler
Key Insight: Routine deletion of emails/lack of archival service leads to sanctions, but may not be considered intentionally depriving opposing counsel depending on the circumstances
Nature of Case: Trade-dress infringement
Electronic Data Involved: Emails
Keywords: sanctions, preclusion order, beads
Key Insight: admissibility of evidence of spoliation without a finding of an intent to deprive
Nature of Case: personal injury
Electronic Data Involved: video tape
Keywords: intentional spoliation, adverse inference or presumption, Louisiana, negligence, bad faith
Key Insight: duty to preserve, spoliation sanctions
Nature of Case: labor dispute
Electronic Data Involved: metadata, accountant summary, notebook pages, loose sheet records
Keywords: adverse inference instructions, prejudice, reasonably anticipate litigation, culpable state of mind
Key Insight: Cell phone important to case was thrown against wall and destroyed after failed romantic encounter
Nature of Case: personal injury
Electronic Data Involved: cell phone activity data
Keywords: “he threw the cellular telephone against the wall after a failed romantic encounter”, “possibly using some other app”, “near-fatal tractor-trailer collision”
Key Insight: Third party provided date limited information to Plaintiff, Defendant sought entire image; Date Limited information provided to Plaintiff was all Plaintiff was required to produce.
Nature of Case: Trade Secrets, Bankruptcy, Civil Consipiracy
Electronic Data Involved: Forensic Image of Laptop
Keywords: forensic image; date-limited, third party
Key Insight: Safe harbor, since it was destroyed long before the suit was filed or foreseeable
Nature of Case: Products liability
Electronic Data Involved: ESI design information
Keywords: Spoliation sanctions
Identified State Rule(s): 12 O.S. 2011 ? 3237(G)
Key Insight: Plaintiff traded in her cell phone, Defendant requested an adverse inference for spoliation
Nature of Case: hostile work environment and retaliation
Electronic Data Involved: text messages
Keywords: spoliation, adverse inference, text messages
Copyright © 2022, K&L Gates LLP. All Rights Reserved.