Key Insight: failure to preserve electronically stored information. Claim that no spoliation occurred because records are available from 3rd parties. Under 37(e), information is lost only if it is irretrievable from another source.
Nature of Case: Improper business practices
Electronic Data Involved: google email accounts and electronic dealer management system records
Keywords: failure to preserve. “it cannot be restored or replaced through additional discovery.” FRCP 37(e)