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- Defendant's Failure to Preserve Results in Sanctions, Including Order for Defense Counsel to Search All of Defendant's Electronic Media and Hard Copy Files for Responsive Information
- Court Orders Monetary Sanction of $250,000, that Defendant Provide the Court's Order to Plaintiffs in All Cases, and that Defendant File the Order in Every Case for 5 Years
- Agent's Spoliation Results in Serious Sanctions
- "Bad Faith or Culpability 'May Not Mean Evil Intent, but May Simply Signify Responsibility and Control.'"
- No Sanctions for Destruction of Data Resulting from Mistaken Belief that Computers had been Imaged
- Court Sanctions Plaintiff and Counsel for Misuse of Discovery Process, Including Failing to Reveal That Relevant Cell Phones were Discarded
- "[T]hrowing the Laptop Off a Building; Running Over the Laptop with a Vehicle; and Stating 'If This Gets Us into Trouble, I Hope We're Prison Buddies,' Unquestionably Demonstrate Bad Faith."
- Upcoming Events - Spring 2011
- "[M]etadata Maintained by the Agency as a Part of an Electronic Record is Presumptively Producible under FOIA, Unless the Agency Demonstrates that such Metadata is Not 'Readily Reproducible.'"
- Court Rejects Distinction between "Original Thumb Drives" and Forensic Images of the Same, Orders Production