Fox v. Riverdeep, Inc., 2008 WL 5244297 (E.D. Mich. Dec. 16, 2008)

Key Insight: Where defendant breached its duty to preserve evidence by taking ?no steps whatsoever to preserve emails or documents? following receipt of a cease and desist letter, court ordered adverse inference instruction that missing documents were unfavorable to defendants but declined to impose requested sanction of default judgment absent a showing of bad faith

Nature of Case: Copyright infringement, breach of contract

Electronic Data Involved: Email