"No Matter How Inadequate a Party's Preservation ... Sanctions are Not Warranted Unless Infor of Significance Lost" Orbit One Commc’ns, Inc. v. Numerex Corp., 2010 WL 4615547 (S.D.N.Y. Oct. 26, 2010) Addressing defendant’s motion for sanctions, the court found that although “plaintiffs did not engage in model preservation of electronically stored information in this case,” they were not subject to sanctions absent evidence that any relevant information had actually been destroyed. Significantly, in reaching this decision, the court took issue with certain aspects of the often-cited Pension Committee decision issued in the same jurisdiction earlier this year as well as with the discovery standard of “reasonableness and proportionality” set forth in another cited opinion, Rimkus v. Cammarata. http://bit.ly/asn8aC Source: http://www.ediscoverylaw.com/2010/11/articles/case-summaries/no-matter-how-inadequate-a-partys-preservation-efforts-may-be-sanctions-are-not-warranted-unless-there-is-proof-that-some-information-of-significance-has-actually-been-lost/ 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]