Key Insight: Sanction must be proportional to loss, loss was mitigated by testimony about the contents and other notes
Nature of Case: Tortious interference, assault, battery
Electronic Data Involved: Audio recording
Keywords: Taylor Swift, audio recording, KYGO, radio, meet and greet
Key Insight: whether adverse inference is warranted
Nature of Case: workplace discrimination
Electronic Data Involved: text messages, email
Keywords: relevance, prejudice, obligation to preserve, intent to deprive, gross negligence, inherent authority, sanctions, spoliation, fees, costs, adverse inference, bad faith, willfully
Key Insight: No spoliation when party removed URL link to software download because there was no bad faith and opponent already had software
Nature of Case: breach of contract, misappropriation of trade secrets
Electronic Data Involved: URL, software
Keywords: URL removal, software download, bad faith spoliation
Key Insight: Spoliation of video evidence. Evidence must have existed and been in the control of a party.
Nature of Case: civil rights action
Electronic Data Involved: surveillance and taser video
Keywords: spoliation sanctions, multi-step analysis, Rule 37(e), routine retention policy.
Key Insight: whether sanction inappropriate absent bad faith
Nature of Case: personal injury
Electronic Data Involved: video footage
Keywords: surveillance footage, adverse inference, preservation letter, spoliation, Eleventh Circuit, prejudice, significant impairment, other available evidence
Key Insight: Courts have leeway for creative sanctions proportional to the spoliation (denying all evidentiary objections)
Nature of Case: Fraud
Electronic Data Involved: E-mails
Keywords: serendipity, CFTC, magistrate judge
Key Insight: whether the loss of a cell phone can give rise to an adverse inference re location data
Nature of Case: insurance fraud
Electronic Data Involved: lost cell phone
Keywords: spoliation; adverse inference
Key Insight: Court used a spoliation test non-specific to electronic discovery, spoliation not found due to one defendant not in control of the evidence and the other destroying the evidence without bad faith and not when litigation was reasonably foreseeable
Nature of Case: Collision
Electronic Data Involved: ECM data
Keywords: ECM, electronic control module, spoliation
Key Insight: Jury Instruction due to failure to preserve electronically stored information.
Nature of Case: Defamation
Electronic Data Involved: Web browser history, Internet browser
Keywords: Web browser history, Spoliation
Key Insight: Failure to promptly disclose false evidence
Nature of Case: misappropriation of trade secrets
Electronic Data Involved: email
Keywords: sanctions, affidavit, post-complaint deletion, restoration
Identified State Rule(s): Colorado Rule of Professional Conduct 3.3(a)(3)
Copyright © 2022, K&L Gates LLP. All Rights Reserved.