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Comments Off on Law of Spoliation in N.Y.: Three Recent Decisions
By Roy Simon [Originally published in NYPRR June 2008] Twenty-five years ago, few lawyers in New York had heard the word “spoliation.” Today, lawyers grapple with spoliation claims frequently. Since mid-march, for example, New York courts have...
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Comments Off on Spoliation of Evidence: What Are Ethics Issues?
By Barbara S. Gillers [Originally published in NYPRR November 1999] What do you tell a client who wants to destroy documents or other real evidence? What if preserving the evidence could harm the client in the event of a lawsuit but no lawsuit is...