In litigations and investigations, e-discovery is a critical component of strategy and fact development. Businesses that give it short shrift do so at their peril. Paul, Weiss has achieved a reputation for unparalleled excellence in litigation and investigations; our e-discovery efforts are an integral part of this success.
Federal E-Discovery: Spoliation Leads to Severe Sanctions in Recent Cases
August 25, 2009 Full PDF
Litigation partners Chris Boehning and Dan Toal's article, "Spoliation Leads to Severe Sanctions in Recent Cases," was published in the August 25 issue of the New York Law Journal. The article discusses the increased judicial scrutiny of litigants' efforts to preserve and produce relevant electronically stored information (ESI). The article argues that the trend of litigants asserting and defending spoliation claims regarding ESI, as well as the threat of severe sanctions for missteps, provides another compelling reason for counsel and clients to focus on compliance with e-discovery obligations. The authors note that a proactive and collaborative approach to discovery of ESI is the best safeguard against finding one's self on the wrong side of the sanctions motion. Litigation associate Donna Lee assisted in the preparation of this article.