BNA Books Announces the Release of 'Spoliation in the Electronic Age' Providing Insights into the Legal Considerations of this Emerging Topic

ARLINGTON, Va., Jan. 3, 2011 /PRNewswire-USNewswire/ -- BNA Books, a division of specialized news and information publisher BNA, announced today the publication of Spoliation in the Electronic Age.

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The fourth in BNA Books' e-discovery portfolio series, Spoliation in the Electronic Age provides an in-depth examination of the requisite standards for a finding of spoliation. Litigators will prize this new book not only for its thorough treatment of both the legal considerations and practical aspects necessary to either bring or defend a motion for the spoliation of ESI, but also for its complete analysis of how to best prevent spoliation from arising in the first place. The book expertly moves from analysis of court-imposed sanctions to advice on the concrete steps required to build one's case that sanctionable spoliation has or has not occurred.

Spoliation in the Electronic Age also covers two of the most prominent points of contention in the dispute over the requirements for spoliation sanctions: prejudice to the "victimized" party and, more controversially, the culpability or mental state on the part of the destroying party. The book provides valuable analysis of the apparent disagreement over the necessary mental element required for sanctions, including the views taken in Judge Scheindlin's Pension Committee decision and its erstwhile companion, the Rimkus case, as well as an analysis of Magistrate Judge Grimm's comprehensive opinion in Victor Stanley II.

The authors' broad and diverse base of e-discovery experience is readily apparent in the book's seamless integration of the theoretical and the practical, as an understanding of both is a necessity in order to be truly effective in litigating a spoliation matter.  In a field as fact-specific as e-discovery, it is important to have detailed knowledge of the cases that have established the ground rules, and attorneys can count on Spoliation in the Electronic Age to lay out the most important cases in each area for the greatest instructive value.

The authors of Spoliation in the Electronic Age are Adam KohSweeney, a counsel in O'Melveny's San Francisco office and a member of the Labor and Employment Practice; Roberta Vespremi, a counsel in O'Melveny's Silicon Valley office and a member of the Securities Litigation and Electronic Discovery and Document Retention Practices; and Eric Chan an associate in O'Melveny's Los Angeles office, a member of the Intellectual Property and Technology Practice Group, and a member of the Electronic Discovery and Document Retention Practice, both within the Litigation Department.

BNA is a leading private publisher of news and information products for professionals in law and business. In addition to Spoliation in the Electronic Age, BNA's Book Division publishes Electronic Discovery Practice Under the Federal Rules; Privilege Issues in the Age of Electronic Discovery; Preserving Electronically Stored Information: A Practical Approach; Discovery of Electronically Stored Information: Surveying the Legal Landscape; and other titles in legal specialties. For a free BNA Books catalog, call 1-800-960-1220 or send an e-mail request to [email protected]. The BNA Books website, including an online catalog, can be found at bnabooks.com.

Spoliation in the Electronic Age (106 pp. Softcover/Order #1866-PREL10/$145.00 plus tax, shipping, and handling) may be purchased from BNA Books, PO Box 7814, Edison, NJ 08818-7814. Telephone orders: 1-800-960-1220. Fax orders: 1-732-346-1624. A 10% discount is available on print copies of books when ordering from the website at bnabooks.com. Please note that discounts cannot be combined.

SOURCE BNA Books