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ARTHUR ANDERSON JURY INSTRUCTION MISLEADING
Jury instruction in federal prosecution of accounting firm for obstruction of justice, based on firm's alleged instructions to its employees to shred documents in advance of Securities and Exchange Commission (SEC) investigation was misleading.
125 S.Ct 2129 ~ use citation in WestLaw.

                   

DISTRICT COURT SANCTIONS FOR FAILURE TO SUSPEND INFORMATION DESTRUCTION
Sanctions against employer for gross spoliation of evidence were warranted in light of its failure to preserve e-mail and documents in manner contrary to its normal retention policy despite being placed on notice of potential litigation

                   

 
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Welcome.
We now live in an age where the vast majority of corporate and government documents are maintained in electronic form. This changeover from a paper system to an electronic system has vast implications for the civil justice system. It impacts the discovery rules as well as the rules of of evidence. This course will focus on issues relating to the discovery of documents in electronic form and the evidentiary issues which surround their use at trial.
Judge John Carroll
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Article by Judge Carroll: PRESERVATION OF DOCUMENTS IN THE ELECTRONIC AGE -
WHAT SHOULD COURTS DO?


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