Electronic Discovery and Evidence: Court Sanctions for Spoliation Intensify. "PHOENIX, AZ – Law Partner Publishing announced the release of the 2005-2006 edition to the acclaimed Electronic Discovery and Evidence treatise by the well-known speaker and author, Michael R. Arkfeld.
This new edition comes at a time when the courts continue to impose severe sanctions for spoliation of electronic evidence. In two landmark decisions, the Courts in Coleman (Parent) Holdings, Inc. v. Morgan Stanley & Co., Inc., 2005 WL 67071 (Fla. Cir. Ct. Mar. 1, 2005) and Zubulake v. UBS Warburg LLC, No. CIV.02-12432004, WL 1620866, at *8 (S.D.N.Y. July 20, 2004) issued adverse inference instructions for spoliation of evidence. As a result, the jury in the Morgan Stanley case returned with a 1.4 billion dollar verdict and in Zubulake the jury returned with a 29 million dollar verdict.
Answers on how to discover, produce and admit electronic evidence to avoid ethical problems and court sanctions can be found in this latest edition of Electronic Discovery and Evidence."
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