Key Insight: Texas Supreme Court denied defendant’s request for mandamus relief, finding that trial court did not abuse discretion in ordering production of backup tapes since defendant failed to support its objections as required by Tex. R. Civ. P. 193.4(a)
Nature of Case: Class action against web host alleging contract breach, negligence and violation of Deceptive Trade Practices Act
Electronic Data Involved: Backup tapes
Key Insight: Court granted plaintiff’s ex parte motion for expedited discovery and for preservation order; defendant ordered not to destroy or remove any books and records, including those stored electronically
Nature of Case: Cable TV provider sued party alleged to have sold illegal decoders
Electronic Data Involved: Email and business records stored on computer
Key Insight: Defendant’s duty to preserve source code arose no later than service of complaint, and its subsequent destruction of source code warranted default judgment on issue of liability; even assuming that maintenance of only a single, updated version of source code was, in other circumstances, a bona fide business practice, any destruction of versions of the code after service of complaint could not be excused as a bona fide business practice
Nature of Case: Copyright infringement, unfair competition, breach of computer software agreement
Electronic Data Involved: Source code
Key Insight: Court rejected plaintiff’s request for direct access to Compaq’s hard drives, servers, and databases since plaintiff had failed to show widespread destruction or withholding of relevant information by Compaq; court further rejected plaintiff’s request for sanctions for failure to preserve certain evidence
Nature of Case: Patent infringement
Electronic Data Involved: Hard drives, servers, databases, email and electronic data
Key Insight: Ex parte order permitting plaintiff and its counsel, with U.S. Marshal, to enter defendants’ business premises and inventory and impound computer records and copy and inventory business records was abuse of discretion
Nature of Case: Crash test dummy manufacturer sued competitor for unfair competition, copyright infringement, misappropriation of trade secrets and related torts
Electronic Data Involved: Computer programs and printouts
Key Insight: Order granting ex parte TRO before complaint was filed, and which prohibited defendants from destroying or altering electronic documents pertaining to complaint, was abuse of discretion
Nature of Case: Misappropriation of trade secrets
Electronic Data Involved: Electronic documents
Key Insight: Terminated employee obtained preliminary injunction preventing his former employer from accessing “private” files stored on his work computer or discussing “private” files that were accessed; employer further ordered to provide employee access to his private files to determine which ones he wanted copied; employee prohibited from deleting any information from work computer
Nature of Case: Former assistant attorney general sought damages and injunctive relief
Electronic Data Involved: Employee’s “private” information contained on work computer
Key Insight: After case was removed to federal court, defendant obtained order vacating state court’s entry of ex parte preservation order requiring defendant to “suspend all routine destruction of documents, including but not limited to, recycling back-up tapes, automated deletion of e-mail, and reformatting hard drives,” compliance with which defendant estimated to cost $50,000/month
Nature of Case: Product liability
Electronic Data Involved: Documents and information in paper or electronic format
Key Insight: Failure to preserve certain computer hard drives did not warrant sanctions where there was no reasonable possibility that the missing hard drives (which were obtained after protective order was issued) contained evidence of the theft of trade secret information
Nature of Case: Misappropriation of trade secrets and related torts
Electronic Data Involved: Computer hard drives
Key Insight: In light of defendant’s previous attempt to delete incriminating email and documents from his company laptop, court entered order requiring all parties to preserve and protect evidence
Nature of Case: Misappropriation of corporate opportunity and related claims
Electronic Data Involved: Electronic documents and mail
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