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4 are infrequent, attorneys can be subjected to serious sanctions (including disbarment) and malpractice liability if they spoliate evidence.
During the course of the case, Judge Whyte found Rambus did not spoliate evidence as Hynix had alleged, and a jury found Rambus patents valid and infringed by Hynix.
United States, the Ninth Circuit Court held that the government did not spoliate evidence because it did not foresee litigation when it destroyed documents.
Obviously, as in the Century case, a party spoliates evidence when litigation has started and he or she destroys records that he has been requested to produce.