July 24, 2013 Articles

Defensible Deletion: The Touchstone of Effective E-Discovery

What are your clients doing to address the massive amounts of electronic data that expose them to litigation risks?

By Philip Favro

When Rambus, Inc., found itself on the wrong side of a terminating sanctions order due to evidence spoliation, the Silicon Valley–based chip manufacturer probably started to take inventory on what it might have done differently to have avoided such a fate. See Philip Favro, Bad Faith Retention Policy Leads to Terminating Sanctions, "e-discovery 2.0," Jan. 4, 2013. Although that list could have included any number of entries, somewhere near the top had to be an action item to revamp its information retention policies and litigation hold procedures. Breakdowns in and deviations from those protocols led to the destruction of critical electronically stored information (ESI). This, in turn, eventually resulted in the corresponding court order in Micron Technology, Inc. v. Rambus, Inc., No. 00-792-SLR (D. Del. Jan. 2, 2013), which declared several of Rambus’s patents unenforceable. The matter culminated in a judgment in favor of its competitor, Micron Technology, regarding the parties’ long-running feud.

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