How to Get a Judge to Say “Stern Measures Are Called For”
This article discusses a case where the Court doubled an attorney’s fee award as part of a sanction for the destruction of evidence. The double fee was granted “in a rough effort to compensate Plaintiff for the efforts that were made in her counsel’s attempts to obtain the [relevant digital evidence].” This case highlights why “attorneys must develop a preservation strategy after determining the relevant sources of information… Regardless of the strategy used, it is advisable to not allow custodians to self-collect their own data.”