Discovery Discipline: Courts Impose Sanctions for Failure to Disclose Discoverable Data

Read more about cases involving Federal Rule of Civil Procedure 37 here.

Grimm determined that the defendants "willfully destroyed evidence that it knew to be relevant" by destroying the laptop of a "key player," and that the key player willfully deleted e-mails after the preservation obligation was triggered.

But in many other situations, data destruction can be inadvertent rather than deliberate.

Team Approach

That proactive role involves working with the IT department to determine what applications are being used throughout the enterprise, what kind of data the enterprise produces and whether the data is purged at regular intervals.

Michael Kozubek

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