Sanctions Showdown: When Data Disappears

Day Pitney Counsel Ashley Picker-Dubin spoke at the University of Florida eDiscovery Conference on February 25, 2026, as part of the program Sanctions Showdown: When Data Disappears.
 
The session featured a fast-paced mock sanctions hearing, where panelists assumed the roles of judge, counsel and eDiscovery consultant to examine how courts evaluate spoliation issues, intent and appropriate remedies. The program addressed timely challenges, including preservation failures involving departing employees, lost communications on encrypted and ephemeral platforms, and gaps in preserving third-party data, while offering practical strategies to strengthen data preservation protocols and mitigate sanctions risk.