In most litigation, documents take center stage. Problems abound when documents have been lost or destroyed. When this occurs, spoliation of evidence issues arise. This seminar will help you identify spoliation issues, deal with the potential impact of spoliation, and avoid spoliation where possible. With documents playing an increasingly important role in litigation, it is important to know how to respond to their loss or destruction.
- Importance of document retention
- Document retention policies
- Preserving electronic evidence
- Defending spoliation allegations
- Possible sanctions
- Liability for insuror's spoliation
9:00 a.m. - 9:30 a.m.
I. Overview: Identifying Spoliation Issues
A. What Is Spoliation?
B. Importance Of Document Retention
C. The Duty To Preserve
9:30 a.m. - 10:15 a.m.
II. Recognizing Spoliation Issues
A. Destruction/Alteration Of Pertinent Evidence
B. Using Discovery To Determine If Evidence Is Missing Or Altered
C. Helpful Missing/Altered Evidence
10:15 a.m. - 10:30 a.m.
10:30 a.m. - 11:15 a.m.
III. Avoiding Spoliation
A. Document Retention Policies
B. Early Notification
C. Steps To Avoid Spoliation Problems
11:15 a.m. - 12:00 p.m.
IV. Electronic Discovery
A. Preserving Electronic Evidence
B. Obtaining Electronic Evidence
C. E-Discovery Experts
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:15 p.m.
V. Spoliation In Action
A. Attacking Suspected Spoliation
B. Defending Spoliation Allegations
2:15 p.m. - 3:15 p.m.
VI. Impact Of Spoliation
A. Factors In Determining Sanctions
1. Intentional vs. Negligent Destruction
2. Prejudice To Complaining Party
B. Possible Sanctions
1. Instruction On Adverse Inference
2. Evidence/Testimony Preclusion
C. Independent Tort Action
3:15 p.m. - 3:30 p.m.
3:30 p.m. - 4:15 p.m.
VII. Insurance Issues Related To Spoliation
A. Coverage For Insured's Spoliation
B. Liability For Insuror's Spoliation
4:15 p.m. - 4:30 p.m.
VIII. Closing Summary/Question And Answer