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Federal E-Discovery: ‘Staggering’ Spoliation Leads to Case Terminating Sanctions
June 2, 2020
Litigation partners Chris Boehning and Dan Toal’s latest Federal E-Discovery column appeared in the June 2 issue of the New York Law Journal. The article, “‘Staggering’ Spoliation Leads to Case Terminating Sanctions,” discusses how actions indicative of intentional spoliation, including the use of ephemeral messaging, the failure to disable auto-deletion of emails, and the reformatting of devices allegedly used to transfer trade secret information, led to court-issued case-terminating sanctions in WeRide v. Huang. Chris and Dan discuss the importance of organizations implementing defensible processes, policies, and technologies capable of preserving relevant information in line with their legal duty to preserve. E-discovery counsel Ross Gotler, e-discovery attorney Lidia Kekis and litigation associate Julie Rooney assisted in the preparation of this article.
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