Extract from Ralph Losey’s article “The Importance of Witness Interviews: ‘What Happens in Vegas Shouldn’t Stay in Vegas’”
A discovery order in Vegas shows the importance of witness interviews and what can happen when you take a cavalier attitude towards preservation. Small v. University Medical Center, Case No. 2:13-cv-0298-APG-PAL (D.C. Nev., 9/9/18) (FLSA class action seeking unpaid wages for skipped meal breaks). The lengthy order is entitled Report and Recommendation and Final Findings of Fact and Conclusions of Law and imposes severe sanctions on the defendant. The order proves, when it comes to e-discovery at least, what happens in Vegas doesn’t stay in Vegas. The truth does and should come out, including where’s the electronic evidence. Interviews are a good way to find out what really happened.