Mock Hearing: Spoliation

Panelists: Hon. Andrew J. Peck (U.S.D.C. S.D.N.Y.)l; Jonathan Sablone, Nixon Peabody LLP; Edward H. Rippey, Covington & Burling LLP

Description: Spoliation fights have become part of litigation, so much so that they have earned their own line-item in client budgets.  The unique characteristics of ESI have made seemingly innocuous actions result in spoliation of metadata.  Regardless of the merits of a claim, it is typical for parties to attempt to gain an advantage by claiming that the other side "spoliated" evidence to the extent that sanctions (including the extreme sanction of entry of judgment) are warranted.  See two e-discovery experts argue an alleged spoliation matter applying the revised F.R.C.P. 37(e) criteria before a federal judge in real time, with after-the-fact commentary once the decision is issued from the "bench."

Mock Hearing: Spoliation was recorded on October 30, 2017.

MCLE Credit*: MO 1.1 self-study credit | KS 1.0 non-traditional credit

*Missouri limits self-study credit to a total of 6 hours per reporting period. Kansas limits non-traditional credit to a total of 6 hours per reporting period.

Registration Period: January 1, 2018 – December 31, 2018.

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