Tag preservation duty

EEOC v. Mia Aesthetics Clinic ATL, LLC – Round III by Michael D. Berman, E-Discovery LLC.

EEOC v. Mia Aesthetics Clinic ATL, LLC – Round III

In EEOC v. Mia Aesthetics Clinic ATL, LLC – Round III, the court rejected reliance on routine document destruction policies as a shield against spoliation sanctions and held that deposition testimony is not an adequate substitute for missing contemporaneous ESI. The decision offers important guidance on preservation duties, Rule 37(e), secondary evidence, and the continuing demise of the old “safe harbor” defense.

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Sanctions for Loss of ESI Imposed Under Court’s Inherent Power After Privilege Log is Used to Determine the Date that the Duty to Preserve Was Triggered by Michael Berman, E-Discovery LLC.

Sanctions for Loss of ESI Imposed Under Court’s Inherent Power After Privilege Log is Used to Determine the Date that the Duty to Preserve Was Triggered

In Jimenez v. Hyatt Corp., the court imposed sanctions based on its inherent power after a privilege log revealed that the Plaintiff anticipated litigation earlier than claimed, triggering a duty to preserve ESI.

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E-Discovery LLC - Defendant’s Overwriting of Video Footage After 14 Days Held Not to be Spoliation By Michael Berman

Felder Part 3 of 4: Defendant’s Overwriting of Video Footage After 14 Days Held Not to be Spoliation

In the case of Felder v. MGM National Harbor, the court found that overwriting video footage after 14 days did not constitute spoliation. The ruling highlights the necessity of prompt preservation demands when relying on video evidence.

Read MoreFelder Part 3 of 4: Defendant’s Overwriting of Video Footage After 14 Days Held Not to be Spoliation