Tag: Data Preservation

1
First Tech. Safety Sys., Inc. v. Depinet, 11 F.3d 641 (6th Cir. 1993)
2
Ranta v. Ranta, 2004 WL 504588 (Conn. Super. Ct. Feb. 25, 2004)
3
Landmark Legal Found. v. EPA, 272 F. Supp. 2d 70 (D.D.C. 2003)
4
3M v. Pribyl, 259 F.3d 587, 606 n.5 (7th Cir. 2001)
5
Anderson v. Crossroads Capital Partners, LLC, 2004 WL 256512 (D. Minn. Feb. 10, 2004)
6
Pennar Software Corp. v. Fortune 500 Sys., Ltd., 51 Fed. R. Serv. 3d 279, 2001 WL 1319162 (N.D. Cal. Oct. 25, 2001)
7
Gorgen Co. v. Brecht, 2002 WL 977467 (Minn. Ct. App. May 14, 2002) (Unpublished)
8
RKI, Inc. v. Grimes, 177 F. Supp. 2d 859 (N.D. Ill. 2001)

First Tech. Safety Sys., Inc. v. Depinet, 11 F.3d 641 (6th Cir. 1993)

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

Ranta v. Ranta, 2004 WL 504588 (Conn. Super. Ct. Feb. 25, 2004)

Key Insight: Plaintiff wife ordered to stop using the couple’s laptop computer and deposit it with the clerk of court, so that it may be marked as evidence and stored in court’s vault; order extended to all floppy disks, CDs, etc; neither party to be allowed to access the laptop, rather, it may only be accessed by a recognized computer expert under oath testifying from the witness stand in open court

Nature of Case: Divorce proceeding

Electronic Data Involved: Laptop

Landmark Legal Found. v. EPA, 272 F. Supp. 2d 70 (D.D.C. 2003)

Key Insight: EPA violated preliminary injunction that prohibited destruction of potentially responsive documents by reformatting hard drives and erasing or overwriting backup tapes containing potentially responsive email; EPA held in civil contempt and ordered to pay plaintiff’s reasonable attorneys’ fees incurred as a result of EPA’s contumacious conduct

Nature of Case: FOIA action

Electronic Data Involved: Hard drives and email stored on backup tapes

3M v. Pribyl, 259 F.3d 587, 606 n.5 (7th Cir. 2001)

Key Insight: Negative inference instruction warranted where six gigabytes of music were downloaded onto hard drive the night before the computer was to be turned over for inspection

Nature of Case: Manufacturer sued former employees and their new competing company for misappropriation of trade secrets

Electronic Data Involved: Hard drive

Anderson v. Crossroads Capital Partners, LLC, 2004 WL 256512 (D. Minn. Feb. 10, 2004)

Key Insight: Plaintiff’s use of Cyberscrub data wiping software prior to court-ordered inspection of her computer and after agreeing on the record that she would not purge her hard drive or delete any documents, and her misrepresentations about age of hard drive, were not sufficiently egregious to warrant dismissal but did warrant an adverse inference instruction

Nature of Case: Sexual harassment and whistleblower claims by former employee

Electronic Data Involved: Hard drive of plaintiff’s personal computer

Pennar Software Corp. v. Fortune 500 Sys., Ltd., 51 Fed. R. Serv. 3d 279, 2001 WL 1319162 (N.D. Cal. Oct. 25, 2001)

Key Insight: Defendant’s discovery abuses and deletion of web site pages and other electronic information warranted entry of order enjoining spoliation and imposing monetary sanctions against defendant

Nature of Case: Breach of contract and related claims

Electronic Data Involved: Web site pages; log files and backup tapes of nonparty web hosting company

RKI, Inc. v. Grimes, 177 F. Supp. 2d 859 (N.D. Ill. 2001)

Key Insight: Court granted emergency motion to compel, requiring defendants to appear for deposition and produce computers for inspection by plaintiff’s computer forensics expert; at subsequent bench trial, in light of defendants’ deletion of data from computers after litigation commenced, repeated defragmentation of hard drives prior to court-ordered inspections, and decision not to offer any testimony to explain same, court drew adverse inference; court awarded plaintiff $100,000 as royalty for defendants’ unauthorized use of trade secrets, and $150,000 in punitive damages for the willful and malicious misappropriation of trade secrets and attempted cover-up

Nature of Case: Manufacturer sued former employee and competitor for misappropriation of trade secrets and related torts

Electronic Data Involved: Software and databases containing sales and customer information

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