Tip of the Month, October 2009 - Prosecuting Spoliation Claims
30 October 2009
Mayer Brown Legal Update
Scenario:A large company is defending itself in a breach of contract lawsuit. In order to prepare its defense, the company requests documents from the plaintiff that include electronically stored information (ESI). The company believes that plaintiff possesses certain emails and drafts of the contract that may refute plaintiff’s interpretation of the contract.