Technology & Science
Oct. 20, 2010
Urging Reasonableness in Spoliation Law
A judicial opinion seeks to promote fairer outcomes in spoliation cases by pressing for more uniformity in existing law. By Harrison Frahn and Serena Orloff of Simpson Thacher & Bartlett.
"When spoliation involves ESI, the related issues of whether a party properly preserved relevant ESI and, if not, what spoliation sanctions are appropriate, have proven to be one of the most challenging tasks for judges, lawyers and clients" acknowledged Magistrate Judge Paul Grimm in his recent opinion in Victor Stanley Inc. v. Creative Pipe Inc., 2010 WL 3703696 (D. Md. Sept. 9, 2010).
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