Blog Entries tagged 'Spoliation'

In Case You Missed It: Court Demands Parties Answer Questions About Spoliation

james.crane@altep.com — Thu, 09 Oct 2008 02:00:00 +0100

The Northern District Court of California found a "troubling picture" when trying to understand how documents were possibly destroyed by a third-party defendant Taishan in Dong Ah Tire & Rubber Co., Ltd. v. Glasforms, Inc., a breach of contract case.

Even after months of discovery, testimony of Taishan's 30(b)(6) witnesses, and court ordered search and pr [...]

Five Reasons Companies Should NOT Conduct Their Own Forensic Investigations

james.crane@altep.com — Fri, 27 Jun 2008 02:00:00 +0100

Corporate counsel is always dealing with the challenges of controlling costs and providing their corporate client with the most defensible position. One question that always comes up is "why shouldn't we just collect our own data?" It's a good question. Many corporations have an IT department staffed with talented and available personnel.

The short answer is that sometimes, in-house IT is the "logical" choice [...]

The Consequences of Production Gaps

james.crane@altep.com — Thu, 15 May 2008 02:00:00 +0100

In the world of corporate defense, production gaps can turn a winnable case upside down the moment the opposing party switches into discovery attack mode. Any seemingly small error in gathering or producing data invites the spectre of spoliation. If the corporate client is unable to present a detailed explanation and justification for any alleged oversight, sanctions will probably follow.

The sanctions for spoliation vary based on culpability and the [...]