In the case of Fumiko Lopez et al. v. Apple, Inc., the central issue revolves around Apple's failure to preserve electronically stored information (ESI) related to Siri recordings, which were relevant to ongoing litigation. Apple did not suspend its data retention policy despite being served with the plaintiffs' complaint, leading to the deletion of potentially crucial ESI. The court assessed whether this deletion constituted spoliation under Federal Rule of Civil Procedure 37(e), which requires that the ESI should have been preserved, that it was lost due to a party's failure to take reasonable steps, and that it cannot be restored through additional discovery.

The court determined that Apple had indeed failed to preserve relevant evidence as required. It noted that Apple's duty to preserve evidence began when the plaintiffs filed their complaint, yet Apple continued to delete data under its existing retention policy. This action precluded the plaintiffs from demonstrating their claims regarding false Siri triggers, as they lost access to recordings that could substantiate their allegations. The court highlighted that the ESI deleted by Apple was essential for the plaintiffs to calculate damages and establish standing, thereby affirming that Apple’s actions had caused significant prejudice to the plaintiffs.

Furthermore, the court evaluated whether Apple's conduct constituted intent to deprive the plaintiffs of necessary information. While some evidence suggested that the deletions were automatic and not selective, the timing and nature of Apple's actions—particularly its change to a narrower retention policy post-litigation notice—led the court to conclude that the issue of intent should be determined by a jury. If the jury decides that the deletions were intentional then they may infer that the missing information was unfavorable to Apple. As a sanction, the court granted the plaintiffs relief by preventing Apple from arguing against their standing and class-wide damages based on the destroyed data. The case underscores the importance of adhering to evidence preservation obligations, especially in the face of litigation.

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