Ricky Weingarten Pubished in Law360

August 21, 2026

Slarskey LLC Partner Ricky Weingarten has published an article in Law360, “Vanishing Messages, Tailored Consequences: The Spoliation Lesson in the Chancery Court’s WWE Decision and What It Means for New York Litigators.”

Drawing on the Delaware Court of Chancery’s recent sanctions decision in In re World Wrestling Entertainment, Inc. Merger Litigation, Ricky examines a more precise approach to remedies for the loss of electronically stored information. The article explains how carefully tailored factual presumptions and burden-shifting remedies can address the evidentiary gaps created by spoliation, and how New York federal litigators may seek comparable relief under Federal Rule of Civil Procedure 37(e).

Ricky also offers practical guidance for counsel pursuing or defending against spoliation motions, including the importance of developing a record concerning litigation holds, auto-deletion settings, timing, and other circumstantial evidence relevant to intent.

Read the full article on Law360 here or by viewing the PDF attached to this page.