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E-Discovery and Spoliation Issues: Litigation Pitfalls, Duty to Preserve, and Clawback Agreements

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, October 3, 2019

Recorded event now available

or call 1-800-926-7926

This CLE course will emphasize the necessity of understanding technology issues, discuss recent developments in this area of law, and provide a basic outline of the law. If you are wondering whether you know enough about technology, e-discovery, and spoliation, then you probably do not. Many states now have mandatory technology CLE requirements. Lawyers not in one of those states should impose these requirements upon themselves.


Every lawsuit and claim involves some electronically-stored or transmitted information. Once a claim commences, this information must be preserved and searched. Every trial lawyer must have a working knowledge of e-discovery, spoliation, and technology issues.

Although the issue of spoliation can arise outside the context of e-discovery, many materials exchanged during discovery or used as evidence in civil litigation today (such as photographs, recorded statements, police reports, medical records, videos, and the like) are stored and transmitted electronically. Changes and advances in technology have made spoliation law a hot topic.

This seminar will cover several cases from around the country, and discuss recent developments in e-discovery and spoliation law. Results range from no sanctions to striking defenses for failing to preserve evidence--even if that evidence is in the immediate control of a non-party. Although courts come to different conclusions, one thing remains certain: courts have little or no patience with attorneys who are not familiar with technology, e-discovery, and spoliation issues.

Listen as our panel highlights how various judges have ruled on spoliation issues, and when the duty to preserve evidence arises.



  1. Definition of spoliation in the context of e-discovery
  2. Discussion of the "duty to preserve" and when it arises
  3. Overview of national court trends in dealing with spoliation issues
  4. How to deal with inadvertent disclosures of electronically-stored information using clawback agreements
  5. Best practices for litigators in spotting spoliation issues and seeking appropriate sanctions


The panel will review these and other relevant topics:

  • What is a "duty to preserve" and when is it triggered during litigation?
  • How to avoid spoliation problems while using spoliation as a litigation weapon
  • How can parties use clawback agreements to mitigate damage from inadvertent disclosures?
  • When and how do courts sanction parties who have destroyed or lost electronically-stored information?
  • What advice should litigators provide to their clients regarding the preservation of electronically-stored information?


Hoey, Charles
Charles G. Hoey

Of Counsel
Drew Eckl Farnham

Mr. Hoey has litigated workers' compensation, general liability, coverage, subrogation and other insurance claims...  |  Read More

Quinn, Robert
Robert Quinn

Drew Eckl & Farnham

Mr. Quinn focuses his practice on general liability defense. He has a strong background in representing defendants...  |  Read More

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