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In response, Ventex argued that it put proper litigation holds in place starting in May 2017 and voluntarily produced documents in October 2018 that were not covered by Columbia’s requests and therefore did not conceal evidence. Thus, the Board awarded Columbia $32,761 in sanctions.
Those earlier sources relied upon by sites like Mediaite could find themselves the subject of discovery if this now goes to litigation. Mediaite cited numerous sources, which could be cited as due diligence rather than reckless disregard of the truth. Clanton would face some challenges in pursuing any litigation.
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