Sandra Adams

Troutman Pepper Locke

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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

2/7/2020 / Adverse Inference Instructions , Destruction of Evidence , Discovery , Discovery Disputes , Duty to Preserve , Electronically Stored Information , Failure To Preserve , FRCP 37(e) , Sanctions , Spoliation

How Courts Are Treating Cellphone Privacy in Discovery

Cellphones are an essential part of our daily lives, and our frequent usage has produced large amounts of personal data. It is unavoidable that some of this data — be it email, text message or even GPS location data — may be...more

6/11/2019 / Best Practices , Cell Phones , Consumer Privacy Rights , Data Privacy , Discovery , Electronically Stored Information , Evidence , Forensic Examination , Litigation Strategies , Personal Data

Fresh Takes on Seeking Costs and Fees Under Rule 45

Recent case law reveals that courts vary widely in their approaches to shifting the costs and fees incurred in responding to a Federal Rule of Civil Procedure 45 subpoena. Originally published in Law360 - February 12,...more

5/13/2019 / Cost-Shifting , Fee-Shifting , FRCP 45 , Legal Costs , Legal Fees , Litigation Strategies , Subpoenas

Does Rule 45 Protect Nonparties From Undue Burden?

Parties can serve subpoenas seeking discovery from nonparties pursuant to Federal Rule of Civil Procedure 45. Originally published in Law360 - October 2, 2018. ...more

1/3/2019 / Discovery , Document Productions , Evidence , FRCP 45 , Litigation Strategies , Strict Compliance , Subpoenas , Undue Burden

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