Litigation Trap: Preventing, Prosecuting, and Defending a Claim of Spoliation

October 28, 2020
American Bar Association

11:00 am - 12:15 pm PT | 2:00 pm -3:15 pm ET

Although it seems in this electronic age that nothing ever really goes away, deletion of electronic records is possible and, when done in the context of a dispute, can lead to claims of spoliation of evidence and devastating sanctions. This workshop will cover how to make sure—both offensively and defensively— that spoliation does not happen in the first place. The panel will also cover what to do if one party accuses another of spoliation, the potential repercussions of spoliation claims, issues that are specific to franchising cases, best practices for litigation holds to prevent spoliation, how courts are addressing such claims under the revised procedural rules, and how to best deal with the consequences if spoliation occurs, whether intentional or unintentional.