Auto-Delete, Take Two: Regulatory Fines Can Dwarf Sanctions

Auto-Delete, Take Two: Regulatory Fines Can Dwarf Sanctions

Deleting the messages was the cheap part. I recently wrote about sanctions: the adverse-inference instruction, the spoliation finding, the judge with disapproval written all over his face telling the jury it may assume the worst about whatever got erased. That’s...
The Metadata Your Client Is Accidentally Sending to Opposing Counsel

The Metadata Your Client Is Accidentally Sending to Opposing Counsel

Your client didn’t leak anything on purpose. That’s usually how it goes. The confidential settlement number, the internal complaint about a coworker, the photo that was supposed to prove they were out of town — all of it can arrive at opposing...

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