Chen v. New Trend Apparel, No. 11 Civ. 324 (GBD) (MHD), 2012 WL 4784855 (S.D.N.Y. Oct. 2, 2012)

Key Insight: Court denied motion to compel inspection of defendants? computers reasoning that such inspections are granted only under limited circumstances ?when there is reason to believe that a litigant has tampered with the computer or hidden relevant materials despite demand for them in the course of the lawsuit or when the possession or use of the computer is an element of the parties’ claims or defenses? and further reasoning that movants made no showing to justify their request, particularly where certain information they sought had already been provided

Electronic Data Involved: Hard drives