Spoliation in the Electronic Age, 2014 Edition

This in-depth reference, part of the Electronic Discovery Series, provides practical and thorough guidance on bringing and defending a motion for the spoliation of electronically stored evidence (ESI). It also gives practitioners tips for how to prevent spoliation.

Price: $165 Book

Meet The Author


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, 2014 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 2014 Edition includes discussion of Guidelines for Discovery of ESI of the federal district court for the Northern District of California; analysis of Judge Scheindlin’s opinion in Sekisui American Corporation, et al. v. Hart, et al; and a new section on cases awarding or discussion sanctions for plaintiffs’ failure to preserve.


Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.
Adam P. KohSweeney is a partner at O’Melveny & Myers LLP, San Francisco, CA, and a member of the Labor and Employment Practice.  


View full tables of contents and read the book’s preface or introduction.