A major fight over alleged spoliation of evidence and the potential for sanctions over electronic discovery may be shaping up in San Francisco federal court for the Oracle securities class action. The dispute centers on a British author's missing audio files of interviews with Oracle CEO Larry Ellison, made during the very period of class claims in In re Oracle Corp. Securities Litigation. The suit raises the issue of whether a party to a suit has an obligation to alert nonparties to save evidence.
Oracle Case E-Discovery Fight Heats Up
The National Law Journal
April 18, 2007