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ARTICLE · 20 SEPTEMBER 2010

Important Decision on Preservation Obligations & Spoliation Relating to ESI

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On September 9, 2010, Magistrate Judge Paul W. Grimm of the District of Maryland issued an 89-page opinion addressing a motion for terminating and other sanctions arising out of the defendants’ intentional destruction of evidence that includes a detailed analysis of the current state of the law relating to preservation and spoliation.

United StatesPrivacy
Anthony Diana
Anthony Diana
Therese Craparo
Therese Craparo
Noah Liben
Noah Liben
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Originally published September 16, 2010

Keywords: ESI, destruction, evidence, preservation, spoliation, Victor Stanley, Creative Pipe, costs

On September 9, 2010, Magistrate Judge Paul W. Grimm of the District of Maryland issued an 89-page opinion addressing a motion for terminating and other sanctions arising out of the defendants' intentional destruction of evidence that includes a detailed analysis of the current state of the law relating to preservation and spoliation. The opinion may have important implications for litigants beleaguered by the escalating costs of implementing expansive preservation programs relating to electronically stored information (ESI) and concerned about potential spoliation claims.   

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