Archive: August 10, 2005

1
Automatic Purging of 21-day-old Email Risky But Defensible; Failure to Preserve Following Notice of Potential Litigation Results in Sanctions

Automatic Purging of 21-day-old Email Risky But Defensible; Failure to Preserve Following Notice of Potential Litigation Results in Sanctions

Broccoli, et al. v. Echostar Communications Corp., et al., 229 F.R.D. 506 (D.Md. 2005)

Dino Broccoli (“Broccoli”) sued Echostar Communications Corp. and Dish Network Corp. (collectively referred to as “Echostar”) and Stacie Andersen (“Andersen”) in connection with employment discrimination. He claims that Andersen, a human resources manager at Echostar, created a hostile work environment via sexual harassment, caused termination of his employment because he rebuffed her advances, and subsequently provided false and defamatory employment references. Broccoli prevailed on claims of breach of contract and violation of the Maryland Wage Payment and Collection Act, but not on claims of sexual harassment and retaliation under Title VII of the Civil Rights Act of 1964 nor tortious interference with prospective economic advantage. Read More

Copyright © 2018, K&L Gates LLP. All Rights Reserved.