Archive: April 10, 2006

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Adverse Inference Not Warranted By Party’s Re-Installation Of Operating System On Computer Servers Subject to Preservation Order
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Memorandum to Advisory Committee Members Provides Valuable Background on Proposed ER 502, and Responds to Comments Already Received

Adverse Inference Not Warranted By Party’s Re-Installation Of Operating System On Computer Servers Subject to Preservation Order

Creative Sci. Sys., Inc. v. Forex Capital Mkts., LLC, 2006 WL 870973 (N.D. Cal. Apr. 4, 2006) (Unpublished)

In this case involving copyright infringement and related claims, plaintiff moved for sanctions, claiming that defendant had not complied with the court’s Preservation Order. Plaintiff sought monetary sanctions, an adverse inference instruction, and an order barring defendant from presenting a particular defense. Ultimately, the court denied the non-monetary sanctions, ordered the defendant to cover the cost of plaintiff’s expert’s forensic analysis of certain computer servers, and imposed monetary sanctions for defendant’s failure to preserve an employee’s notebook. Read More

Memorandum to Advisory Committee Members Provides Valuable Background on Proposed ER 502, and Responds to Comments Already Received

In advance of their April 24-25, 2006 meeting, members of the Advisory Committee on the Federal Rules of Evidence received a memorandum prepared by the Reporter (Daniel J. Capra, Reed Professor of Law, Fordham Law School) and Professor Kenneth S. Broun (University of North Carolina School of Law), a consultant to the Advisory Committee. The memorandum, available here, provides interesting background on the proposed Evidence Rule 502. The Advisory Committee has not yet taken any action on the proposed rule. Read More

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