Discussion 10 Technology Law

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Attorney Adams is very angry. His opponent in an employment litigation case has sent 100 pages of emails to him as “hard copies” and refused to provide the electronic forms of emails that he demanded in a request for production of electronic evidence. Some emails have “receipt confirmations” as well as dates, and other items that are not apparent from the paper copies. In an electronic form, the emails also can be sorted to show a pattern of ignoring harassment, which is going to be very hard to do with the paper copies. The opponent claims the emails are all deleted and that the paper copies are all that is left.

What are some options Attorney Adams has to remedy the spoliation of evidence? Think of both practical remedies and legal remedies under the federal rules of civil procedure. Argue for one approach to remedy this in a post and in a different starter post or reply, argue for a different approach.


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