Furthermore, the question is not whether or not the respondent will destroy documents, but how much information the respondent can destroy without being accused of spoliation.
These decisions force the victim of spoliation to bear the expense of proving spoliation without a compensating reward for its efforts.
It's prostitution without despoliation, without guilt.
Our experience shows that counsel should not be discouraged by recent appellate cases on spoliation.
In spoliation matters as well as in the wide scope of defining who was a Jew and then arresting victims in both zones, Vichy led the way.
A contentious royalist press bitterly denounced the policies of the Assembly as spoliation and the Revolutionary atmosphere as a form of anarchy.
He was a premature environmentalist, he says, attacking the "forces of greedy growth and development for their past or present sins of spoliation, pollution and destruction".
"There is hardly an excuse for one incident of spoliation, and I can't imagine an excuse for seven," said Steven Lubet, who has taught legal ethics at the Northwestern University School of Law.
"Failure to follow these protocols could result in criminal or civil penalties, and could form the basis of legal claims, legal presumptions, or jury instructions relating to spoliation of evidence," the memo states.
Even worse, many practitioners believe that the issue of spoliation is not worth pursuing because many judges treat such abuses mildly and seldom impose any meaningful sanctions on a violator.
But the rule prescribed by it cannot, against the protest of a shareholder, be used to justify payments of sums as salaries so large as in substance and effect to amount to spoliation or waste of corporate property.
