Tag: Data Preservation

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MasterCard Int’l v. Moulton, 2004 WL 1393992 (S.D.N.Y. June 22, 2004)
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Byrne v. Byrne, 650 N.Y.S.2d 499 (1996)
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Premier Homes & Land Corp. v. Cheswell, Inc., 240 F. Supp. 2d 97 (D. Mass. 2002)
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GE Harris Ry. Elecs., LLC v. Westinghouse Air Brake Co., 2004 WL 5702740 (D. Del. Mar. 29, 2004)
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McCabe v. Ernst & Young, LLP, 221 F.R.D. 423 (D.N.J. 2004)
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Hildreth Mfg., LLC v. Semco, Inc., 785 N.E.2d 774 (Ohio Ct. App. 2003)
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Sheppard v. River Valley Fitness One, LP, 203 F.R.D. 56 (D.N.H. 2001)
8
Mathias v. Jacobs, 197 F.R.D. 29 (S.D.N.Y. 2000), vacated, 167 F. Supp. 2d 606 (S.D.N.Y. 2001)
9
United States v. Koch Ind., Inc., 197 F.R.D. 463 (N.D. Okl. 1998)

MasterCard Int’l v. Moulton, 2004 WL 1393992 (S.D.N.Y. June 22, 2004)

Key Insight: Finding no bad faith in defendant’s failure to preserve email since defendants simply persevered in their normal document retention practices, court nonetheless ruled that plaintiff would be allowed to prove the facts reflecting the non-retention of email and argue to the trier of fact that this destruction of evidence, in addition to other proof offered at trial, warranted certain inferences

Nature of Case: Trademark infringement

Electronic Data Involved: Email

Byrne v. Byrne, 650 N.Y.S.2d 499 (1996)

Key Insight: Wife’s acts of removing laptop from family home and delivering it to her attorney for safekeeping were not wrongful; court established protocol for inspection and production

Nature of Case: Divorce proceeding

Electronic Data Involved: Financial data stored on laptop provided by husband’s employer

Premier Homes & Land Corp. v. Cheswell, Inc., 240 F. Supp. 2d 97 (D. Mass. 2002)

Key Insight: In related action, court granted defendant’s ex parte application to allow its consultants to create mirror images of plaintiff’s computer hard drives, backup tapes and other storage media, in light of allegation that critical document and email were fabricated; after granting unopposed motion to dismiss, court awarded defendant $24,845.99 in fees and costs, including computer consultant fees of $5,650

Nature of Case: Alleged breach of lease agreement

Electronic Data Involved: Hard drives and other storage devices

GE Harris Ry. Elecs., LLC v. Westinghouse Air Brake Co., 2004 WL 5702740 (D. Del. Mar. 29, 2004)

Key Insight: Court declined to impose terminating sanctions and instead ordered an adverse inference sanction against defendant for employee?s intentional spoliation of electronic evidence where the destruction was motivated by an intent to eliminate incriminating evidence but where the prejudice was minimal in light of plaintiff?s ability to obtain copies of the deleted evidence by other means

Nature of Case: Patent infringement and misappropriation of trade secrets

Electronic Data Involved: ESI, emails

McCabe v. Ernst & Young, LLP, 221 F.R.D. 423 (D.N.J. 2004)

Key Insight: Magistrate recommended that non-parties’ motion for attorneys’ fees and other costs incurred in appearing for depositions and responding to subpoenas be denied, since non-parties failed to object to subpoenas or condition compliance on reimbursement, and an award of $58,000, without notice to plaintiffs, would be tantamount to severe prejudice

Electronic Data Involved: Email and hard copy documents

Hildreth Mfg., LLC v. Semco, Inc., 785 N.E.2d 774 (Ohio Ct. App. 2003)

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

Sheppard v. River Valley Fitness One, LP, 203 F.R.D. 56 (D.N.H. 2001)

Key Insight: Defense counsel’s failure to produce computer records and to retain all drafts of settlement documents reflected lack of diligence rather than intentional effort to abuse discovery process; testimony of witness barred and $500 awarded as sanctions

Nature of Case: Sexual harassment

Electronic Data Involved: Computer records

Mathias v. Jacobs, 197 F.R.D. 29 (S.D.N.Y. 2000), vacated, 167 F. Supp. 2d 606 (S.D.N.Y. 2001)

Key Insight: Plaintiff’s failure to preserve computer printouts and telephone lists loaded onto Palm Pilot did not warrant an adverse inference instruction, but did warrant monetary sanctions of $28,271.75 to be paid by party (not his attorney) to compensate the victim for attorneys’ fees and expenses arising both from additional discovery required to locate equivalent information by alternative means and from the motion practice necessitated by the spoliation

Nature of Case: Action seeking monetary damages and specific performance of stock option agreement

Electronic Data Involved: Hard copy material loaded onto Palm Pilot

United States v. Koch Ind., Inc., 197 F.R.D. 463 (N.D. Okl. 1998)

Key Insight: Defendant was negligent in failing to determine which computer tapes in tape library contained information relevant to imminent and ongoing litigation and in failing to communicate clear guidelines regarding preservation of information to data processing personnel and tape librarian; no adverse inference, but plaintiff could inform jury about destruction of tapes and impact on plaintiff’s proof

Nature of Case: Action under False Claims Act

Electronic Data Involved: Computer tapes

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