Insights
Forensic neutrals, spoliation and preservation.
When data is said to be lost, altered, or never preserved, the fight turns technical fast. These pieces cover how a forensic neutral resolves it.
Forensic neutral
Forensic neutral articles
5 articles in this thread, each grounded in primary authority — the federal rules and statutes and U.S. court sources.
Special Master → ESI protocols → Search & privilege → All insights →
Spoliation Sanctions Under FRCP 37(e)
What triggers spoliation sanctions and an adverse-inference instruction under FRCP 37(e), and how a forensic neutral resolves preservation-failure disputes.
Litigation Holds That Survive a 37(e) Challenge
What makes a litigation hold defensible against an FRCP 37(e) motion — scope, timing, custodian coverage — and how a neutral audits preservation.
Resolving Spoliation Disputes With a Forensic Neutral
How a forensic neutral resolves spoliation disputes — the FRCP 37(e) standard, why modern preservation fails, and chain-of-custody that holds up.
Forensic Inspection Protocols for Discovery Disputes
How a neutral designs a forensic inspection protocol: scope, tooling, chain of custody, and what the requesting party may see — guarding privilege and secrets.
Forensic Neutrals in Large-Scale Litigation
In large-scale litigation, a forensic neutral bridges the technical and the legal — drafting protocols, analyzing the evidence, and keeping cases on track.
Get the Model Discovery Order Pack — free.
Four adaptable templates — a Rule 53 special-master order, an ESI-protocol mediation clause, a discovery-referee stipulation, and a forensic-inspection protocol — plus a short note when a new insight publishes.
Have a dispute that can't wait for the next article?
Request Daniel Garrie by name, or send a short inquiry.