Parties are expected to meet a standard of reasonableness, not perfection, in preserving ESI, say Kim Leffert and Michael P. Daly, of Mayer Brown. A party's ability to show that it, in good faith, followed a reasonable process should go a long way toward avoiding a spoliation sanction.
April 05, 2010 at 12:00 AM
1 minute read
The original version of this story was published on Corporate Counsel
Scenario: A large company finds itself defending against a contentious employment discrimination lawsuit. During discovery, the company’s document production includes electronically stored information. Plaintiff alleges a gap in the ESI produced by the company and asserts that it resulted from the company’s failure to implement an adequate litigation hold. Accordingly, plaintiff makes a motion seeking spoliation sanctions.
DEFENDING AGAINST SPOLIATION
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