Evidence, Failure To Preserve, Sanctions

[Webinar] Important eDiscovery Case Law Decisions for July 2025 - August 5th, 1:00 pm - 2:00 pm ET

EDRM - Electronic Discovery Reference Model on 7/22/2025

Expect fireworks with this month’s eDiscovery case law disputes! In our July 2025 monthly webinar of cases covered by the eDiscovery Today blog we will discuss disputes related to improper boilerplate objections,...more

[Webinar] Important eDiscovery Case Law Decisions for November 2023 - November 16th, 1:00 pm - 2:00 pm ET

EDRM - Electronic Discovery Reference Model on 10/31/2023

It’s time to be thankful – for eDiscovery case law! Our November 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses permissive inference sanctions for destruction of video, sanctions for failing to...more

Order’s Up: No Spoliation Sanctions for Cook’s Failure to Back-up Stolen iPhone – Case Law Update

Cozen O'Connor on 6/1/2023

A recent decision declined to find the requisite “intent to deprive” that would merit sanctions under Rule 37(e) when a plaintiff was unable to produce text messages because his phone had been stolen and he had not taken...more

[Webinar] Important eDiscovery Case Law Decisions for June 2023 - June 27th, 1:00 pm - 2:00 pm ET

EDRM - Electronic Discovery Reference Model on 5/19/2023

Break the summertime blues with some red-hot eDiscovery case law disputes! Our June 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses six disputes including a case where discovery is “like watching...more

“You Can’t Heal What You Never Reveal”: Plaintiffs Are Entitled To Sanctions And Adverse Inference At Trial Because Jay-Z And S....

Farrell Fritz, P.C. on 11/6/2020

The duty to preserve potentially relevant evidence – documentary or electronic – arises when a lawsuit is reasonably anticipated. Although this is a subjective standard, Parlux Fragrances, LLC et al v. S. Carter...more

Court Dicta in Paisley Park v. Boxill Foresees Expansion of Discoverable ESI

Hanzo on 9/18/2019

Parties “Do Not Get to Select What Evidence They Want to Produce, or From What Sources” Are you preserving all of the electronically stored information (ESI) that’s relevant to your litigation matters? What about...more

If Evidence In Its Original Form Is No Longer Available – But A Copy Of That Evidence Is – Are Spoliation Sanctions Appropriate?

Farrell Fritz, P.C. on 11/22/2017

In Barcroft Media, Ltd. et al. v. Coed Media Grp., LLC, No. 16-CV-7634 (JMF) (S.D.N.Y. Sept. 28, 2017), Plaintiffs – providers of entertainment-related photojournalism and owners of celebrity photographs – interposed various...more

Evidence › Failure To Preserve › Sanctions