Article
How Far Is Too Far? Commercial Division Finds Gross Negligence But Declines To Strike Answer For Digital Spoliation
When does gross negligence in evidence preservation cross the line into willful misconduct warranting the striking of a pleading? A Manhattan Commercial Division decision examines the boundaries of spoliation sanctions after a cybersecurity firm's pervasive preservation failures led to the loss of critical Slack messages, monitoring tickets, and alarm data spanning the period of a ransomware attack.
Farrell Fritz, P.C.
