Legal Tech: Can Claiming Incompetence Save You from Spoliation Sanctions?

A recent opinion in Illinois raises the question of whether spoliating parties should be encouraged to present the following defense at trial: "Ladies and gentlemen of the jury, yes the main evidence of this case has been destroyed, but it's only because my client and my law firm are completely incompetent when it comes to preserving electronic evidence."

6 minute read July 01, 2022 at 12:03 AM

Eric P. Mandel

"Humans are just as likely to be dimwitted as they are dastardly." Hollis v. CEVA Logistics U.S., Inc. (N.D. Ill., May 19, 2022).

A recent opinion from Judge Iain Johnston (N.D.

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Legal Tech: Can Claiming Incompetence Save You from Spoliation Sanctions?

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Real Property Law

Entrepreneurship Is Already Hard: Rising Above Extraordinary Personal Crises to Build an Award-Winning Professional Reputation

Applying the Zero Trust Model to Manage Risks of Agentic AI

California’s AI Transparency Stack: From State Obligation to Adoption Strategy