Developments In Spoliation Law And EDiscovery Since Phillips vs Harmon

In 2018, it is difficult to imagine a lawsuit, or workers compensation claim, which does not involve electronically stored or transmitted information. This information must be preserved and searched. Every trial attorney must have a working knowledge of EDiscovery, spoliation, and technology issues.

Although the issue of spoliation can arise outside the context of EDiscovery, these issues are related. Most claims materials, including photographs, recorded statements, police reports, medical records, videos, and claims notes will be stored and transmitted electronically. This article will summarize recent Georgia cases about spoliation, and then turn to recent cases, from around the country, regarding some EDiscovery topics.