O’Melveny Lawyers Publish 2011 Edition of Spoliation in the Electronic Age

March 02, 2012

O’Melveny & Myers partner Adam KohSweeney, counsel Roberta Vespremi, and associate Eric Chan co-authored the recently published Bloomberg BNA 2011 Edition of “Spoliation in the Electronic Age,” a portfolio that provides an in-depth analysis of the mechanics of bringing or defending a motion for spoliation as well as methods for preventing it.


Spoliation remains “one of the thorniest issues” commonly raised regarding electronically stored evidence (ESI). Specifically, uncertainty exists over what exactly is required for spoliation sanctions to apply, when the obligation to preserve arises, and what the best practices are in this developing area of the law. The fourth volume in BNA Books’ Electronic Discovery Portfolio Series, expands and updates the 2010 Edition regarding topics such as: cases in which spoliation was found and sanctions either were awarded or were not; Judge Scheindlin's withdrawn opinion on productions and accompanying metadata; and possible revisions to the Federal Rules of Civil Procedure to address preservation/spoliation and the related empirical study regarding spoliation sanctions conducted by the Federal Judicial Center.