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New Cases Bring Lessons on Video Surveillance Preservation

Video surveillance is ubiquitous today and often sought in connection with injuries or litigation. As a result, courts are increasingly presented with disputes relating to the preservation and production of surveillance...more

Spoliation Rule Remains Ambiguous Despite Amendments

Pursuant to Federal Rule of Civil Procedure 37(e)(2), imposition of the most severe sanctions for failure to preserve relevant electronically stored information — a presumption that the information lost was unfavorable, an...more

When Electronic Records Disappear But Legal Issues Linger

In December 2017, the Sunshine Project sued Missouri Governor Eric Greitens, alleging violations of the Missouri Open Records and Open Meetings Law because he and his staff used Confide, an “ephemeral” messaging app that...more

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