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Welcome
We now live in an age where the vast majority of personal, corporate, and government
data are maintained in electronic form. This changeover from a paper system
to a digital system, along with the increase of internet "social discourse" has vast implications for the criminal and civil justice systems. It
impacts the discovery rules as well as the rules of of evidence. This course
will focus on issues relating to the discovery of electronically stored information
and the evidentiary issues which surround their use at trial.
Judge John Carroll [ About Me ]

Interest Items
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


Article by Judge Carrol
lPRESERVATION OF DOCUMENTS IN THE ELECTRONIC AGE - WHAT SHOULD COURTS DO?


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