Lauren Fox

Leader & Berkon, LLP

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Does Deleted ESI Warrant An Adverse Inference? Sekisui Am. Corp. And Proposed Rule 37(e) Differ

Spoliation motions, a common litigation strategy, are at “an all-time high,”[1] and corporate litigants are engaging in costly over-preservation of electronically stored information (“ESI”) to avoid the risk of sanctions. In Sekisui Am. Corp. v. Hart, 945 F.Supp.2d 494 (S....

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