Archive: December 4, 2017

Dec 04 2017

Key Insight: whether FRCP 37(e) when ESI was not lost, but destroyed, whether sanctions for spoliation imposed pursuant to the court’s inherent power was proper

Electronic Data Involved: SD card

Keywords: SD card, inherent power, bad faith, willful conduct

Youngevity International Corp. v. Smith (Southern District California, 2017)

Dec 04 2017

Key Insight: Lost ESI claim failed because there was no proof anything was lost and there was no clear duty to preserve.

Nature of Case: Misappropriation of trade secrets

Electronic Data Involved: archived email, facebook posts

Keywords: spoliation, lost ESI, duty to preserve

View Case Opinion