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October 3, 2017 read the article
In their latest column on federal e-discovery in the New York Law Journal, litigation partners Christopher Boehning and Daniel Toal discuss Van Zant, a recent decision in the Southern District of New York in which the court granted spoliation sanctions against a litigant because of the actions of a non-party. They note that it is a reminder that behavior by parties or even non-parties with information in a company's legal control can have a potentially significant impact on the outcome of a matter. The decision also demonstrates that electronically stored information is more than just email and that parties should thoughtfully consider and manage information such as text messages as part of their preservation and e-discovery efforts. E-discovery counsel Ross Gotler and e-discovery attorney Lidia Kekis assisted in the preparation of this article.