Archives: Spoliation

Your Request for Spoliation Sanctions Could Get You Sanctioned

By Jonathan A. Forman on October 10, 2013 Posted in E-Discovery Rules, Spoliation

We like our litigation to be decided on the merits. Sanctions motions based on unsupported claims of spoliation create expensive sideshows that distract from the merits. And sometimes — although perhaps not frequently enough — baseless and abusive motions are punished. Recently, in Smith v. Westchester County Dept. of Corrections, No. 07-CIV-1803 (SDNY), Judge Shira A. Scheindlin … Continue Reading

DOJ Arrests Former BP Engineer on Charges of Deleting Text Messages in Violation of Multiple Legal Hold Instructions

By Gilbert S. Keteltas on April 24, 2012 Posted in Criminal, Spoliation

Today, the U.S. Department of Justice announced the arrest of a former BP engineer, Kurt Mix, on “charges of intentionally destroying evidence requested by federal criminal authorities investigating the April 20, 2010, Deepwater Horizon disaster.” Mix worked on BP’s efforts to stop the flow of oil at Deepwater Horizon and, according to DOJ, in that … Continue Reading