Evidence Ruling Highlights Spoliation Claim Concerns

Law360 (October 6, 2020, 3:48 PM EDT) -- With the ever growing reliance on electronically stored information, or ESI, during the discovery phase of litigation, it becomes increasingly important to ensure not only that counsel is requesting all of the existing relevant discovery from the opposing party, but is also producing all of the responsive relevant discovery subject to the received discovery requests.

Although it seems like a simple concept, there has been an increase in the number of motions filed claiming that evidence has been modified and/or not produced at all, i.e., spoliation of evidence.

Unchecked, this tactic may become common practice when a client believes that evidence...

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