Federal Rules of Civil Procedure, Failure To Preserve

7th Circuit Affirms Dismissal and Monetary Sanctions Against Both Attorney and Client

EDRM - Electronic Discovery Reference Model on 8/1/2025

In this alleged wrongful termination and retaliation case, a “whistleblower” complaint was dismissed and monetary sanctions were also imposed. Pable v. Chicago Transit Authority, __ F. 4th __, 2025 WL 2102202 (7th Cir. Jul....more

How the Failure to Preserve Led to Production of the Legal Hold Notice

Association of Certified E-Discovery... on 10/11/2024

In EEOC v. Formel D USA, Inc. (September 12, 2024), the U.S. District Court’s ruling underscored a critical lesson for litigators: failure to preserve electronically stored information (ESI) can lead to severe sanctions,...more

Antitrust Sanctions: The Duty to Preserve Chats

BakerHostetler on 9/12/2024

On August 5, 2024, District Judge Amit P. Mehta (U.S. District Court, District of Columbia) ruled in United States v. Google LLC that Google violated §2 of the Sherman Act by monopolizing the internet search engine market....more

How the Failure to Preserve Data from a Mobile Device Can Drastically Affect Trial Strategy

Association of Certified E-Discovery... on 7/19/2024

The importance of early planning and thorough preservation of electronic data cannot be overstated, especially when it comes to litigation. In a recent case, Two Canoes LLC v. Addian Inc. (April 30, 2024), the failure to...more

Spoliation Sanctions & Summary Judgment Denial: A Wake-Up Call for Mobile Device Preservation

Association of Certified E-Discovery... on 6/28/2024

A recent decision in ediscovery case law, Maziar v. City of Atlanta from June 10, 2024, underscores the crucial importance of early preservation, particularly regarding text messages from mobile devices. This case, presided...more

Analysis Of The Importance Of Gmail For Ediscovery

Hanzo on 8/9/2022

Organizations that use Gmail for business communications need a way to preserve and extract discoverable information in the event of litigation. But that’s harder than it would appear at first glance. This is the first in...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

Federal Rules of Civil Procedure › Failure To Preserve