Gain insight into the legal considerations and practical aspects needed to bring or defend a motion for spoliation and learn the best means to prevent it

Of the many issues regarding electronically stored evidence (ESI) that have arisen in recent years, spoliation has claimed a spot of particular prominence. Attorneys for plaintiffs and defendants alike have been paying much closer attention to spoliation and its ramifications since sanctions against Morgan Stanley, Philip Morris, and UBS Warburg were handed down by the courts. One of the thorniest issues has been the debate over what exactly is required to result in spoliation sanctions, since merely showing that ESI has been lost is never enough.

Spoliation in the Electronic Age, 2013 Edition provides an in-depth examination of the requisite standards. Litigators will prize this book for its thorough treatment of legal and practical considerations necessary to bring or defend a motion for the spoliation of ESI, as well as for its complete analysis of how to prevent spoliation in the first place. The book, the fourth volume in the Electronic Discovery Portfolio Series, expertly moves from analysis of court-imposed sanctions to advice on the concrete steps required to build one’s case that sanctionable spoliation has or has not occurred.

The new 2013 Edition expands and updates the discussion of such topics as:
• Notable new cases, touching upon areas such as the risks of self-collection, and sanctions
• Update on the Civil Rules Advisory Committee’s consideration of potential amendments to the Federal Rules of Civil Procedure
• Emerging law on cost-sharing/shifting and “taxing” of e-discovery costs 

Based on the authors’ broad and diverse e-discovery experience, the book seamlessly integrates the theoretical and practical considerations necessary for practitioners to effectively litigate a spoliation matter. In a field as fact-specific as e-discovery, attorneys must have detailed knowledge of the cases that have established the ground rules. Spoliation in the Electronic Age provides that knowledge, analyzing the most important cases for instructive value.

About the Authors 

Adam P. KohSweeney is a partner at O’Melveny & Myers LLP, San Francisco, CA, and a member of the Labor and Employment Practice.  

Roberta H. Vespremi is a counsel in O’Melveny’s Silicon Valley office and a member of the Securities Litigation and Electronic Discovery and Document Retention Practices. 

Eric Chan is an associate in the litigation department of Hooper, Lundy & Bookman, PC.