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Selected Sanctions Case Law

The preservation of ESI can be costly for many large organizations. Over-preservation may result in escalating costs as information is produced at an exponential rate. Failure to preserve enough can result in a wide range of possible penalties, including monetary, issue, expert and case-related sanctions. Companies need to develop defensible processes that strike the balance between preservation and business needs. Such policies must also be effective, supportive of good faith efforts to identify and preserve potentially responsive ESI.

  • Claredi Corp. v. SeeBeyond Tech. Corp., 2007 WL 735018 (E.D. Mo. Mar. 8, 2007)
  • Cache La Poudre Feed, LLC v. Land O’ Lakes Inc., 2007 WL 684001 (D. Colo. March 2, 2007)
  • Doctor John's, Inc. v. City of Sioux City, 2007 WL 1447851 (N.D. Iowa May 17, 2007).
  • Greyhound Lines, Inc. v. Wade, 2007 WL 1189451 (8th Cir. 2007).
  • In re Kmart Corporation, 371 B.R. 823, 2007 Bankr. LEXIS 2541 (Bkrtcy. N.D. Ill. July 31, 2007).
  • Marketfare Annunciation, LLC v. United Fire & Casualty Ins. Co., 2007 U.S. Dist.
  • LEXIS 81830 (E.D. La. Nov. 5, 2007).
  • May v. Pilot Travel Centers LLC, 2006 U.S. Dist. LEXIS 94507 (S.D. Ohio Dec. 28, 2006).
  • Padgett v. City of Monte Sereno, 2007 U.S. Dist. LEXIS 24301 (N.D. Cal. Mar. 20, 2007).
  • School-Link Technologies, Inc.. v. Applied Res., Inc., 2007 WL 677647 (D. Kan. Feb. 28, 2007).
  • United Medical Supply Co. v. United States, 2007 U.S. Claims LEXIS 207 (Fed. Cl. June 27, 2007).

  • How Fios can Help

    Fios helps clients understand what the end result might be if you choose not to fulfill your preservation obligation and strike an appropriate balance by delineating the relevant factors that a court will consider when evaluating a spoliation allegations. We can facilitate a meaningful dialog between all major stakeholders, including the general counsel, CIO, CFO and outside counsel. By understanding the needs of each functional area, we are able to craft the best solution to maximize use of all available resources.

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    Mary Mack, Esq.

    A luminary on emerging e-discovery trends and issues, Mary is the co-author of "eDiscovery for Corporate Counsel," and author of "A Process of Illumination: The Practical Guide to Electronic Discovery." You can read her latest advice on her blog "Sound Evidence" on DiscoveryResources.org.

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