The 2015 Amendments to the Federal Rules of Civil Procedure fundamentally altered spoliation of evidence cases with requiring wronged parties to prove ESI was lost with an “intent to deprive.” If a party can prove there was “intent” with the destruction of ESI, then a court may “presume that the lost information is unfavorable to […]

 
Category Cloud,Spoliation

By now, most of you are aware of the risks of corporate Bring Your Own Device (BYOD) programs. But have you considered BYOC? Bring Your Own Cloud refers to employees’ use of cloud technologies for corporate data and materials. BYOC is less a cost-saving convenience for companies than a side effect of emerging technology. On […]

Two phrases send shivers down the spine of anyone in eDiscovery–accidents will happen and good faith’s converse-bad faith.  But what should we consider as we parse these two conditions? We can all agree that discovery depends on the good faith of the people engaging in it. Sometimes, requested information cannot be turned over because it no longer […]

 
Category Spoliation

Learning about deleted information is part of eDiscovery. Perhaps an opponent deliberately deleted important files, or relevant information was subject to a scheduled data purge. But what of data that isn’t available because it was actually designed to self-destruct? What happens if that data turns out to be crucial to a dispute? This puzzle has […]