On May 7, 2015, at 12:03 AM, RECMGMT-L automatic digest system <[log in to unmask]> wrote:
> 
> From: "Roach, Bill" <[log in to unmask] <mailto:[log in to unmask]>>
> Subject: Re: Records in basements and linkage of records to career advancement editorial
> Date: May 6, 2015 at 2:37:16 PM EDT
> 
> 
>>> the case is not made as to the critical nature of these records in future litigation and the liability that their spoliation represents.<<
> 
> I have set this one out until now.  Please note that I am not a fan of storing records in basements, but having worked in state government, understand there are often no available alternatives.  Based on the experiences of folks in Grand Forks, ND, in 1997, I understand the practical impacts that the loss of records can have on things as simple as getting a loan to repair your home after the flood.
> 
> However, with regards to the statement above, can anyone provide an example were an individual or organization was punished, censured, or otherwise reprimanded by a court for a loss of records due to flooding, fire, or other catastrophic loss?
> 
> Bill
> 
> Bill Roach, CRM
> [log in to unmask] <mailto:[log in to unmask]>

Peter has provided dozens of articles about spoliation and they mention sanctions or loss of the case in court. In fact just below your post he provided:


> From: PeterK <[log in to unmask] <mailto:[log in to unmask]>>
> Subject: What Sanctions Should Be Imposed for Spoliation?
> Date: May 6, 2015 at 10:52:43 PM EDT
> 
> 
> In *Crews v. Avco*, No. 70756-6-I (Wash. Ct. App. April 6, 2015), the
> Washington Court of Appeals affirmed the trial court's finding of
> spoliation by defendant Avco Corp. and, more importantly, its imposition of
> devastating sanctions, including the deeming of all of plaintiff Paul
> Thomas Crews' allegations admitted and the striking of all of the
> defendant’s affirmative defenses. 

And a quick search in Google under Judge’s ruling of spoliation provided many, many listings like:

Rambus and Spoliation: Six Years Later, the Federal Circuit ... <http://virginiaiplaw.com/2011/05/rambus-and-spoliation-six-years-later-the-federal-circuit-decides-judge-payne-was-right/>
virginiaiplaw.com/.../rambus-and-spoliation-six-years-later-the-federal-ci... <https://www.google.com/#> <http://webcache.googleusercontent.com/search?q=cache:Iz4cUxUuHrcJ:virginiaiplaw.com/2011/05/rambus-and-spoliation-six-years-later-the-federal-circuit-decides-judge-payne-was-right/+&cd=1&hl=en&ct=clnk&gl=us>
 <https://www.google.com/search?biw=1102&bih=948&q=related:virginiaiplaw.com/2011/05/rambus-and-spoliation-six-years-later-the-federal-circuit-decides-judge-payne-was-right/+Judge%27s+ruling+of+spoliation&tbo=1&sa=X&ei=rIRLVcDUMsKggwT1rIHYBg&ved=0CCIQHzAA>Judge Payne ruled that the spoliation warranted piercing the attorney-client privilege and held a bench trial on Infineon’s defense of unclean hands. 

and another

Texas Supreme court clarifies spoliation rules - Austin ... <https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0CCQQFjAB&url=http%3A%2F%2Fwww.bizjournals.com%2Faustin%2Fnews%2F2014%2F07%2F10%2Fbig-business-implications-in-recent-texas-supreme.html%3Fpage%3Dall&ei=rIRLVcDUMsKggwT1rIHYBg&usg=AFQjCNHEFvnhRWjxx_jUlYkOk2MZa21hvg&bvm=bv.92765956,d.eXY>
www.bizjournals.com/.../big-business-imp... <https://www.google.com/#> <http://webcache.googleusercontent.com/search?q=cache:H-zyVM38oJMJ:www.bizjournals.com/austin/news/2014/07/10/big-business-implications-in-recent-texas-supreme.html%3Fpage%3Dall+&cd=2&hl=en&ct=clnk&gl=us>
 <https://www.google.com/search?biw=1102&bih=948&q=related:www.bizjournals.com/austin/news/2014/07/10/big-business-implications-in-recent-texas-supreme.html%3Fpage%3Dall+Judge%27s+ruling+of+spoliation&tbo=1&sa=X&ei=rIRLVcDUMsKggwT1rIHYBg&ved=0CCgQHzAB>South Florida Business Journal
Jul 10, 2014 - The Supreme Court of Texas' 6-3 decision made July 3 clarifies the ... Consequently, the trial court judge in the case issued a spoliation ...
There have been millions of dollars in sanctions for failure to preserve, negligence leading to spoliation and so on.  The courts don’t care how the records disappear; Flood, fire, fading away of microfilm and failure to migrate electronic records.  The law requires that you produce records in Discovery or Electronic Discovery. Enron and Brown & Williamson and other cases made Judges step up and legislators step up to protect the right of the plaintiff from a scurrilous defendant who willfully or by allowing records to remain in harms way create an inability of the plaintiff to show wrong-doing.

The Courts should be a records managers best friend as they have codified the importance of records in litigation and legislatively established an ability to punish organizations that fail to protect their records.

E-Discovery has become a half-billion dollar industry in just the last few years. The fear of spoliation rulings built this new industry.

Hugh Smith
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