Michael D. Berman examines Smith v. Polk Co., where the court addressed two spoliation sanctions motions before granting summary judgment. Applying Shaw v. Foreman, the court recognized that a sanctions motion involving evidence significant to the merits may need to be resolved before summary judgment.
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.
In back-to-back July 2025 rulings, the S.D.N.Y. sanctioned Charles Oakley for failing to preserve thousands of text messages after his 2017 MSG ejection, crediting MSG’s expert over Oakley’s and granting an adverse inference. Oakley’s counter-motion for sanctions over alleged MSG spoliation failed after the court accepted a “technical glitch” explanation for lost emails, found no duty to produce texts, and confirmed binder documents had been produced.
Mobile data is increasingly central to modern eDiscovery, with courts confronting complex issues of privacy, preservation, and proportionality. This article explores landmark cases and recent rulings that demonstrate the evidentiary power and legal implications of smartphone data.
October 2024 saw significant court rulings on e-discovery issues, including spoliation sanctions for lost text messages, search term disputes in antitrust litigation, and privilege claim procedures under Rule 26(b)(5)(B).
This update covers September's key e-discovery developments, focusing on court decisions addressing negotiations over ESI search terms, standards for metadata production, discovery of litigation hold information, and sanctions for ESI spoliation.
This Sidley Update examines recent eDiscovery decisions from various U.S. District Courts, focusing on privilege logs, forensic examinations, and spoliation sanctions rulings. These cases highlight evolving standards and expectations in eDiscovery.
Gain insights on e-discovery with an analysis of U.S. court rulings on spoliation sanctions and electronic data management. This month's notable cases cover reasonably useful forms of production and when intent can be inferred from reckless behavior.