In AMD's case against them, Intel has been given a bit of breathing room. The courts have allowed Intel an extra week to find missing documents (emails, in fact) that supposedly can help prove Intel's guilt. Not exactly something I imagine that they'd want to find, but if it is there they are required to turn it over. The courts also want Intel to demonstrate it won't happen again in the future:
Intel has until April 17 to give the court an accounting of its document preservation problems and to propose a better solution for archiving future records, according to an order from Vincent Poppiti, the special master hearing negotiations of the case in U.S. District Court for the District of Delaware.
This problem first came up last month, when many emails were accidentally deleted, along with other documents. The finger was pointed at IT, which was deleting old content automatically. AMD isn't holding their breath for a smoking gun to come out of this, especially if they cannot even guarantee the records even exist.