Extract from Eleanor Brock’s article “29 Cases of Shocking and Strange Spoliation”
In the world of eDiscovery, spoliation is serious business. For destroying evidence intentionally (or in some cases, negligently), litigants and attorneys can face stiff sanctions, ranging from monetary fees to default judgment to jail time. But, like a ridiculous lawsuit, alleged spoliation can also be incredibly fun to read about—and produce some pretty outrageous (and strangely insightful) opinions.
Logikcull recently released a new report collecting original research into the impacts of the 2015 amendments to the Federal Rules of Civil Procedure—and the dramatic decline in spoliation sanctions that have followed. “The End of Sanctions?” explores how those revisions have led to a 35 percent decline in the rate of spoliation sanctions and a general “de-risking” of eDiscovery, removing much of the fear that once characterized discovery and opening up new opportunities for innovative legal professionals.
