Electronic Discovery and Sanctions for Spoliation: Perspectives from the Classroom

Abstract

In the rapidly expanding universe of ESI (electronically stored information), some courts are concerned that the advent of e-discovery will lead to a flood of motions seeking sanctions for spoliation, adding cost and delay to litigation. Rule-makers are also concerned over whether circuit and district courts have been consistent in addressing a wide range of spoliation issues. This essay provides a detailed account of state and federal decisions granting or denying sanctions for the spoliation of ESI.