Spoliation is one of the scariest words a litigator can hear. Whether it’s your client — or worse, you — being accused of destroying or failing to preserve evidence, the consequences can be severe.
And it’s not just hypothetical. Spoliation allegations have taken center stage in high-profile cases:
🔹 Charles Oakley v. MSG – Oakley’s legal team claims MSG “lost” years of emails and key corporate cellphones.
🔹 Janet Garcia v. City of L.A. – The City admitted to destroying or modifying documents after litigation began.
In their latest Law360 article, Steven Adler, Esq., Co-Chair of Litigation, and Grant Petrosyan, Esq., Counsel in Healthcare and Litigation at Mandelbaum Barrett PC, break down the risks, responsibilities, and real-world implications of spoliation — and what every litigator should be doing to avoid disaster.
💡 Pro Tip #1: Always issue a litigation hold letter early — to opposing parties and your own client. It’s ethical, strategic, and could save your case.
💡 Pro Tip #2: Suspect deleted evidence? Hire a forensic expert ASAP to trace digital footprints.
Spoliation isn’t just a scary word. It’s a real threat. Stay ahead of it.
📖 Read the full Law360 article here.