Federal E-Discovery: Court Determines iPhone Evidence To Be Fabricated

Litigation partner Dan Toal’s latest Federal E-Discovery column, “Court Determines iPhone Evidence To Be Fabricated,” appeared in the October 5 issue of the New York Law Journal. The author discusses a recent decision in Rossbach v. Montefiore Med. Ctr. in the Southern District of New York, in which the defense’s technological expertise in handling key electronic evidence it suspected had been fabricated resulted in severe sanctions against the plaintiff and her counsel, including a dismissal with prejudice. The ruling demonstrates the need for parties and their counsel to maintain and leverage technological expertise as part of e-discovery practice, as new and varied modes of communication proliferate. E-discovery counsel Ross Gotler and e-discovery attorney Lidia Kekis assisted in the preparation of this article.

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