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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.
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