In reading about this case it appears that sanctions may be justified since documents were destroyed after executives were aware of the firm's preservation obligations and directed employees to preserve relevant documents. A number of key employees did not follow these directions but instead purged files.  This sounds like spoliation to me and I think that is what the judge was saying.  I have looked for Judge Doherty's 75 page ruling on this but have been unable to locate it.  If anyone could provide a reference I would most appreciate it.

You can read a report from Bloomberg at http://www.bloomberg.com/news/2014-01-30/takeda-jury-can-hear-claims-over-destroyed-actos-files.html  which I consider a relatively unbiased source.

David Gaynon, CRM
Huntington Beach CA
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