The U.S. Court of Appeals for the Federal Circuit, in two concurrently issued opinions, addressed one of the most high-profile accusations of spoliation in recent years and considered whether a plaintiff’s destruction of a massive collection of documents prior to litigation warranted the ultimate sanction of dismissal.
Although the conduct at issue in these cases was extreme, the circuit’s analysis provides important guidance with respect to the document preservation duties of any party preparing to bring, or to defend, a lawsuit in federal court.
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