preservation of evidence – Courtroom Strategy by Attorney Oscar Michelen

NY Court Adopts Federal Standard for Destruction of E-Mails

February 1, 2012 Oscar Michelen 0

For the first time in a NY state court case, an Appellate Division court has adopted the standard set forth in 2003 in Zubulake v. UBS Warburg LLC, which set forth guidelines when a party can be punished for the destruction of emails. The NY case, Voom HD Holdings v. EchoStar Satellite LLC, involved a […]

More Reasons for Litigants Not to Delete Info

May 3, 2011 Oscar Michelen 0

I previously wrote about how Federal courts are hitting litigants hard for getting rid of Electronically Stored Information (ESI) (“Kings of E-Storage Fined for Losing Emails, August 2010), well know State courts have jumped on the bandwagon and have started to set a trend as to the penalties they will impose for destruction of ESI. […]