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Legal Tech: A Closer Look At 3 Summer Cases Concerning Lost Data
Summer 2019 put some interesting case law into the books, some of which echoed the 2015 amendments to the Federal Rules of Civil Procedure. We'll take a look at three cases having to do with lost data and whether spoliation sanctions were levied. In two of these cases, the lack of proof of "intent to deprive" meant that courts wouldn't punish the litigants with sanctions, despite — in one case — a "woeful lack of proactivity" by both parties in taking their preservation obligations seriously.
Case 1: Expensive Production Request Deemed "Costly Fishing Expedition"
Pentel v. Shephard (D. Minn. Aug. 8, 2019)
Why This Case Is Important
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The DOJ's Corporate Enforcement Policy: One Year Later
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The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.