Archive: November 11, 2009

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Upcoming Event – IQPC’s 8th Annual Electronic Discovery Event
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Defendants and General Counsel Sanctioned for Failure to Preserve Evidence

Upcoming Event – IQPC’s 8th Annual Electronic Discovery Event

December 7-9, 2009
Altman Building
New York, NY

This electronic discovery conference gathers industry leaders together to explore the current risks, opportunities and current challenges facing e-Discovery.  Taking a strategic look at how best to manage Electronic Stored Information in a proactive, cost-effective and efficient manner, the goal of the event is to provide the necessary tools to make e-Discovery a normal business function rather than a "catastrophic" event.

K&L Gates partner, David Cohen, will be co-presenting a pre-conference workshop, “e-Discovery Mythbusters: Proven Strategies to Increase Value and Lower Costs Early in the Litigation Cycle.”  Attendees to this presentation will learn valuable lessons on how to prepare for litigation while avoiding common pitfalls and minimizing risk and will also learn about recent developments and trends in the industry.

For more information and to register, click hereSave 20% off standard pricing by using the referral code: IUS_SPKRPASS_#1!

Defendants and General Counsel Sanctioned for Failure to Preserve Evidence

Swofford v. Eslinger, 671 F. Supp. 2d 1274 (M.D. Fla. 2009)

In April 2006, plaintiff Swofford was shot seven times, on his own property, by two deputies in pursuit of two burglary suspects.  Plaintiffs brought suit against the sheriff in his official capacity and against the deputies individually.  In August 2006, plaintiffs’ counsel sent the first of two letters requesting the preservation of relevant evidence.  In February 2007, plaintiffs’ counsel sent a second preservation letter and a notice of claim as required by Florida statute.  Defendants did not deny receipt of these letters, but evidence was nonetheless destroyed.

Despite defendants’ receipt of the letters, no litigation holds were ever issued.  Rather, the letters were forwarded to six senior employees of the Seminole Country Sherriff’s Office (“SCSO”), including named defendant Sherriff Eslinger.  No preservation instructions were provided to the deputies involved in the shooting.

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