Tag: Data Preservation

1
Mathias v. Jacobs, 197 F.R.D. 29 (S.D.N.Y. 2000), vacated, 167 F. Supp. 2d 606 (S.D.N.Y. 2001)
2
United States v. Koch Ind., Inc., 197 F.R.D. 463 (N.D. Okl. 1998)

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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