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In a court case, evidence is king. But what happens when that evidence goes missing? Spoliation of evidence occurs when relevant evidence is destroyed, lost, or altered, hindering the ability to present a fair case. Texas law takes spoliation seriously. The Duty to Preserve Texas law imposes impose a duty on parties in a lawsuit to preserve relevant evidence once they have notice of a potential claim. This notice can come from a lawsuit being filed or when a reasonable person would anticipate litigation, such as receiving a letter from an attorney’s office about a potential suit being filed (often called “Cease and Desist Letters” or “Demand Letters”). The Two-Step Spoilation Analysis Texas courts use a two-step approach to spoliation: Did Spoliation Occur? The judge decides if a party had a duty to preserve evidence and then breached that duty by intentionally or negligently failing to do so. This considers factors like the nature of the evidence and when the duty to preserve arose. What's the Remedy? If spoliation is found, the judge determines an appropriate sanction. This can range from excluding certain evidence from trial to deeming certain facts, and even dismissing the entire case/defense. The Spoliation Instruction A key consequence of spoliation is the "adverse inference instruction." If a party spoliates evidence, the jury may be instructed to presume the missing evidence would have been unfavorable to that party. The Importance of Taking Action If you believe evidence relevant to your case has been spoliated, it may be something to mention to your attorney; similarly, if you’ve been placed on notice that someone may file suit against you, make sure that you preserve all possible evidence!

In the intricate world of civil litigation, discovery plays a pivotal role in unearthing the evidence necessary to resolve disputes. In Texas there are a set of rules and levels governing the discovery process, ensuring that both parties have a fair opportunity to gather information and prepare their cases. This blog post delves into the intricacies of discovery rules and levels in Texas, providing information for those navigating this complex legal landscape.

In the bustling world of commerce, trademarks stand as beacons, identifying and distinguishing the source of goods and services. A well-protected trademark is an invaluable asset, safeguarding your brand reputation, boosting customer loyalty, and shielding your business from infringement. While the process of obtaining a federal trademark registration may seem straightforward, it's a complex legal undertaking riddled with nuances and pitfalls. This is where an experienced trademark attorney comes into play.