Browsing: Spoliation

The duty to preserve ESI is not always cut and dried

by Bill Tolson | May 20, 2011

The amendments to the Federal Rules of Civil Procedure (FRCP) describe the duty to preserve potential evidence when litigation can be reasonably anticipated. The term “reasonably anticipated” is a key idea and one that has caused...

In eDiscovery, Spoliation does not require purposeful destruction of evidence

by Bill Tolson | April 05, 2011

In a recent decision, Rosenthal Collins Group, LLC v. Trading Techs. Int’l, No. 05 C 4088, 2011 WL 722467 (N.D. Ill. Feb. 23, 2011), the court ordered the plaintiff to pay $1 million in sanctions, and...

Will Spoliation Insurance Change How Judges Rule?

by Bill Tolson | December 13, 2010

On Dec.2, the Lexington Insurance Company started selling a new product–spoliation insurance. No, spoliation is not misspelled, and no, it’s not a witty descriptor for what’s likely to happen inside the office break room refrigerator before...

Lack of understanding where data resides can be costly

by Martin Tuip | September 03, 2010

Over the years that I have been involved in the archiving and records management industry I’ve presented many times on the topic of data consolidation and in my years of talking with organizations I’ve noticed that...

Is a Litigation Hold Email Enough?

by Bill Tolson | August 11, 2010

The legal hold requirement is vastly misunderstood in my opinion. I have run into many corporate counsels that have the opinion;”I just send and email out to anyone in my company that could have responsive ESI...

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Browsing: Spoliation

The duty to preserve ESI is not always cut and dried

In eDiscovery, Spoliation does not require purposeful destruction of evidence

Will Spoliation Insurance Change How Judges Rule?

Lack of understanding where data resides can be costly

Is a Litigation Hold Email Enough?

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