02
Mar

Duncan Manville, David Bruce, and Brandi Balanda presented at the Landslides in Washington CLE Conference on March 2nd and 3rd, 2017 in Seattle, WA. David Bruce discussed "After the Slide - Post-Disaster Government Communications and Actions". You may download his presentation materials by clicking here. Brandi Balanda presented "Beyond Oso: Understanding, Avoiding, and Mitigating Spoliatation Issues". You may download her presentation materials by clicking here. Mr. Manville, who was a program chair, spoke on the topic ...

17
Oct

“Spoliation” of evidence occurs when a party with an obligation to preserve evidence in a court case fails to do so. A failure to preserve evidence can take many forms: destroying the evidence, damaging it, or altering it. When spoliation occurs, the party responsible may be held accountable in court through a variety of different sanctions. If a court finds spoliation has occurred, it can impose sanctions as it deems warranted – from monetary sanctions to shifting the burden of proof ...

17
Mar

Most corporate parties and all litigators know to avoid “spoliation,” but what it is required to do so is not always clear.  Some would be surprised to know that, even if they are following best practices by issuing litigation-hold instructions and following through on them, the deliberate acts of a rogue employee acting contrary to those instructions can result in sanctions against the employer in litigation. “Spoliation” is a legal term that all attorneys (especially litigators) know and fear.  In its ...