Intent to Deprive – Bow Tie Law

No Spoliation for Removing Photo from Website

September 21, 2018 Josh Gilliland Duty to Preserve, Spoliation

A professional photographer took a photo of Willie Nelson at a concert in 2009. The photographer posted the photo on Wikipedia and allowed others to post the image provided they complied with the terms of the Creative Commons Attribution 2.0 Generic License. Funny how time slips away, but in April[…]

Determining the Duty to Preserve in Waymo v Uber

February 5, 2018 Josh Gilliland Duty to Preserve, Forensic Image, Spoliation

Judge William Alsup’s Waymo v Uber order is epic Rule 37(e) analysis. The opinion has a substantial amount of detail and legal analysis. There are numerous issues in play and the Court logically addressed them with the precision that Judge Alsup is legendary known for in complex cases. In a[…]

Key Ingredients for Sanctions: The Duty to Preserve and Intent to Deprive

December 11, 2017 Josh Gilliland Intent to Deprive, Spoliation

Preparing a successful motion for spoliation over lost ESI is like preparing a fine meal. Attorneys can find themselves in the role of a master chef, who needs to mix exotic ingredients to win over a food cretic. Except for the attorney, that food cretic is a judge and the[…]

Don’t Bring a Sanctions Motion Unless ESI was Lost with An Intent to Deprive

October 9, 2017 Josh Gilliland Intent to Deprive, Spoliation

The 2015 Amendments to Federal Rule of Civil Procedure Rule 37(e) added two pivotal requirements to sanction a party for the loss of ESI: First, ESI must be lost after a duty to preserve. Second, the party that lost the ESI had to act with an “intent to deprive” the[…]