For Key Employees' Bad Faith, Intentional Spoliation, Court Imposes Adverse Inference and Monetary Sanctions The court found that defendant breached its preservation duty when key employees intentionally deleted ESI in bad faith. Acknowledging Kolon’s (insufficient) attempts to place a litigation hold, the court declined to impose default judgment, but ordered sanctions in the form of attorneys’ fees, expenses and costs related to the motion, and an adverse inference instruction. In so doing, the court rejected arguments that plaintiff suffered no prejudice and that because many of the files were recovered, there was no spoliation. http://bit.ly/rkFQbi Source: http://www.ediscoverylaw.com/2011/08/articles/case-summaries/for-key-employees-bad-faith-intentional-spoliation-court-imposes-adverse-inference-and-monetary-sanctions/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+ediscoverylaw/klgates+(Electronic+Discovery+Law) See if people are clicking on this link: http://bit.ly/rkFQbi+ Try the bitly.com sidebar to see who is talking about a page on the web: http://bitly.com/pages/sidebar List archives at http://lists.ufl.edu/archives/recmgmt-l.html Contact [log in to unmask] for assistance To unsubscribe from this list, click the below link. If not already present, place UNSUBSCRIBE RECMGMT-L or UNSUB RECMGMT-L in the body of the message. mailto:[log in to unmask]
