Spoliation of Evidence: Technology and Business Litigation Present New Challenges

10/09/1999

With the maturation of the electronic age, a shredder is no longer needed for documents to be destroyed.  Electronic data is easily created, transferred, stored, and deleted.  Discovery of electronic information is on the rise.  As a result, counsel need to know:

  • What data do I have?
  • What data do I have to keep?
  • What happens if data gets deleted?

While this issue has arisen in products liability cases for some time, other areas of litigation are beginning to address this issue, including intellectual property litigation, business litigation, and securities litigation.  Significant portions of a case can be affected by the destruction of evidence.  This paper will address the general issues regarding spoliation.

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