Spoliation of evidence has, for some time, remained an important topic relating to the discovery of electronically stored information. Many companies continue to struggle with the burden and expense of various retention requirements in the era of "big data." However, a recent Texas Supreme Court decision may bring clarity to companies concerned about their preservation obligations. On July 3, the Texas Supreme Court articulated a complete analytical framework to guide Texas courts in evaluating arguments regarding the spoliation of evidence. The decision brings clarity to Texas law, though not without a few points of uncertainty.
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