Archive: January 29, 2018

1
Kische v. Simsek (Western District of Washington, 2018)
2
Waymo LLC v. Uber Techs., Inc., No. 3:17-cv-00939-WHA (N.D. Cal. Jan. 30, 2018)
3
TLS Management & Marketing Services, LLC v. Mardis Financial Services, Inc., et al. – 3:14-cv-00881 (Southern District of Mississippi, 2018)

Kische v. Simsek (Western District of Washington, 2018)

Key Insight: Courts have inherent authority and FRCP 37 to apply sanctions for spoliation and the inherent authority analysis (which the court used in this case) is much the same as FRCP 37

Nature of Case: Trademark infringement

Electronic Data Involved: Electronic data generally (EDI records, Quickbook files, passwords, sales data)

Keywords: Turkey, women’s apparel, Lanham act

Identified Local Court Rule(s): W.D. Wash. LCR 7

View Case Opinion

Waymo LLC v. Uber Techs., Inc., No. 3:17-cv-00939-WHA (N.D. Cal. Jan. 30, 2018)

Key Insight: Intent must be proved for adverse inference sanction, “evilness” of corporation not at issue

Nature of Case: Trade secret misappropriation

Electronic Data Involved: Electronic records

Keywords: Uber, evil corporation, trade secret, imagination, spoliation, Academy Award

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TLS Management & Marketing Services, LLC v. Mardis Financial Services, Inc., et al. – 3:14-cv-00881 (Southern District of Mississippi, 2018)

Key Insight: was data not preserved and therefore lost in bad faith?

Nature of Case: breach of contract, tortious business interference, unfair competition, trade secrets law, etc

Electronic Data Involved: Business documents, information about business strategy, clients and products.

Keywords: preservation, bad faith, destroyed data.

View Case Opinion

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