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Expert Analysis

Examining Deflategate As A Discovery Dispute

Law360, New York (August 17, 2015, 10:34 AM EDT) -- The New England Patriots may play the first quarter of the 2015-16 season without quarterback Tom Brady, as he was suspended for failing to cooperate with an investigation related to footballs deflated below league standards being used in the 2014-15 season AFC championship game with the Indianapolis Colts. A key element in this decision was the finding that Brady, though not required by the NFL collective bargaining agreement to provide his personal cellphone to investigators, not only refused the request to provide his phone for imaging, but instead instructed an assistant to destroy the phone the same day he was interviewed by an investigator....

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