Drnek v. Variable Annuity Life Ins. Co., 2004 WL 1098919 (D. Ariz. May 4, 2004)

Key Insight: Sanctions not warranted where plaintiffs made ?tenuous allegation? without any specific evidentiary support that defendants had implemented a new email document retention policy after litigation was commenced and that potentially relative emails may have been destroyed pursuant to the policy

Nature of Case: Claimed violations of the anti-fraud provisions of the Securities and Exchange Acts

Electronic Data Involved: Email