Tip of the Month, November 2009 - Defending Spoliation Claims
30 November 2009
Mayer Brown Newsletter
Scenario: A large company finds itself defending against a contentious employment discrimination lawsuit. During discovery, the company’s document production includes electronically stored information (ESI). Plaintiff alleges a gap in the ESI produced by the company and asserts that it resulted from the company’s failure to implement an adequate litigation hold. Accordingly, plaintiff makes a motion seeking spoliation sanctions.