Archive: February 15, 2017

1
Organik Kimya v. ITC (Fed. Cir., 2017)
2
Alston v. Park Pleasant (3rd Circuit, 2017)

Organik Kimya v. ITC (Fed. Cir., 2017)

Key Insight: whether an order of default judgment amounts to abuse of discretion given finding of bad faith

Nature of Case: patent infringement / misappropriation of trade secrets

Electronic Data Involved: deleted electronic records

Keywords: spoliation, overwriting, internal clock, laptop, forensic investigation, intent, bad faith, prejudice, ability to control, litigation hold notice, default judgment, adverse inference, deterrence

View Case Opinion

Alston v. Park Pleasant (3rd Circuit, 2017)

Key Insight: No spoliation because no bad faith found when party did not retain records after selling assets (including computers)

Nature of Case: workplace discrimination, disability rights

Electronic Data Involved: unspecified electronic records

Keywords: Rule 37(e) ignored,

View Case Opinion

Copyright © 2022, K&L Gates LLP. All Rights Reserved.