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H. Christopher Boehning & Daniel J. Toal H. Christopher Boehning & Daniel J. Toal

Three years ago, we wrote about GN Netcom v. Plantronics, a federal district court case notable for imposing severe sanctions on a company under then-recently enacted Federal Rule of Civil Procedure 37(e) for an executive’s intentional spoliation of evidence. Recently, the U.S. Court of Appeals for the Third Circuit issued a decision in the case that is notable for a different reason. The Third Circuit remanded the case for a new trial solely on the basis of the District Court’s decision to exclude an expert’s trial testimony on the extent of the defendant’s e-discovery misconduct and spoliation. This case demonstrates the true impact and value that experts can have not only in discovery, but also on the potential outcome of the matter itself.


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