Spoiling To Get Out Of Spoliation Sanctions? Here's How

Law360, New York (July 31, 2014, 10:36 AM EDT) -- The sanctions recently levied against Foot Locker Inc. in the putative class action Osberg v. Foot Locker, 07-cv-1358, serve as a potent reminder that understanding and adhering to data and document preservation requirements is imperative. A New York federal judge issued sanctions against Foot Locker last week for negligently failing to issue and implement a legal hold. Judge Katherine B. Forrest of the U.S. District Court for the Southern District of New York ordered an adverse inference instruction that the shoe retailer's destruction of as many as 141 boxes of documents amounted to the negligent destruction of evidence that would have been relevant to the plaintiff's claims....

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