Courts have sanctioned corporate defendants for years for failure to produce or preserve electronically stored information (ESI). There have been, however, a few decisions in which courts have imposed sanctions or other penalties on plaintiffs who destroyed ESI.
Electronic Discovery: A Level Playing Field?
Courts have sanctioned corporate defendants for years for failure to produce or preserve electronically stored information (ESI). There have been, however, a few decisions in which courts have imposed sanctions or other penalties on plaintiffs who destroyed ESI. The misconduct giving rise to sanctions has varied from fraud and bad faith to inadvertence.
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James H. Rotondo and Sunita PaknikarThis premium content is locked for LawJournalNewsletters subscribers only
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