Section 5

Oscar_Pistorius-Trial_headacheSection Five – Spoliation and Sanctions.

Module A – The Chimney Sweep Boy and the Goldsmith: the Ancient Origins of the Doctrine of Spoliation.

Module BLandmark Cases on Sanctions: Reasonable Efforts, Perfection, and Res Ipsa Loquitur.

Module C People Make Mistakes and The Poetry of e-Discovery.

Module DSix Super Sanctions Cases.

Module EA Duo of Sanctions Cases – Wells Fargo and Hobie Cat.

Module FIn-House Counsel Sanctioned for Defendant’s Failure to Preserve Evidence.

Module G – A Trio of Interesting 2016 Sanctions Cases decided under 2015 Revised Rule 37(e).

Module HInside the Head of a Digital Pirate.

Module ITextbook Case of Discovery Abuse Exposes a Fallacious “Pig in a Poke” Defense.

Module JThe “Bray & Gillespie” Saga Ends with an Incredible Story of a Phone Call.

Module KThe old “Sick Computer,” “Pig in a Poke,” and “Somnambulist” defenses were tried again with no success.

Module LThree Even More Interesting 2016 Sanctions Cases Decided under Revised Rule 37(e).

Closing Remarks by Ralph Losey. Video Summary and overview of the course and Ralph’s vision for the future development of this new field of law. This video also includes suggestions for study for a Final Examinations. This was available before 2017 when this was a paid program and students were going for certification. Unfortunately, testing and certification are services no longer offered by this free course.

Students are invited to leave a public comment below. Insights that might help other students are especially welcome. Let’s collaborate!


Copyright Ralph Losey 2017

Ralph is a Partner in LOSEY PLLC. The law firm was founded by his son and daughter-in-law, Adam and Cat Losey, and can be found at Losey.law. Ralph has over forty years of experience representing companies and individuals in information technology issues, including contracts and business advice. Ralph also has substantial experience in civil litigation, including commercial, intellectual property, employment and insurance. His litigation sub-specialty in these areas is fraud, primarily defense oriented, but he also initiated for the plaintiff, on behalf of the United States, several government fraud Qui Tam cases. One resulted in the largest False Claims Act settlement in history. For the past ten years Ralph has focused on a new area of the law that he has become passionate about, artificial intelligence, especially its use to find evidence and its ethical implications.

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