Not having proper consultation and expertise to preserve, collect, process potentially relevant data will in most cases lead to spoliation sanctions like it did in this case.
In this libel lawsuit, the defendant, Buzzfeed, brought a motion for sanctions against the plaintiff for repeatedly ignoring court discovery instructions (i.e. documents produced with missing/modified metadata, a key missing email, failure to properly prepare a Rule 30(b)(6) witness, etc.).
During discovery, the court ordered the plaintiffs to testify via a Rule 30(b)(6) deposition about the “efforts to collect documents and metadata.” The plaintiff was unable to answer a number of questions about their collection process, but did state…
After this deposition, the defendant filed a motion for spoliation sanctions.
Download the PDF version of Winfield v. City of New York case analysis here.