Tag:Data Preservation

1
Hypro, LLC v. Reser, 2004 WL 2905321 (D. Minn. Dec. 10, 2004)
2
Oved & Assocs. Const. Servs., Inc. v. Superior Court, 2003 WL 23028903 (Cal. App. Dec. 30, 2003) (Unpublished)
3
Smith v. Texaco Inc., 951 F. Supp. 109 (E.D. Tex. 1997)

Hypro, LLC v. Reser, 2004 WL 2905321 (D. Minn. Dec. 10, 2004)

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

Oved & Assocs. Const. Servs., Inc. v. Superior Court, 2003 WL 23028903 (Cal. App. Dec. 30, 2003) (Unpublished)

Key Insight: Petition for writ of mandate denied; based on evidence that a business computer was used for accounting and nothing else, and that there was a risk the hard drive might be purged, trial court acted properly when it ordered the petitioner to produce the computer’s hard drive

Nature of Case: Misappropriation of funds

Electronic Data Involved: Hard drive

Smith v. Texaco Inc., 951 F. Supp. 109 (E.D. Tex. 1997)

Key Insight: Defendant’s motion to dissolve TRO requiring preservation of documents and electronic data denied, however, “to mitigate the high costs associated with electronic document storage, the court will permit defendants to delete electronic records in the ordinary and usual course of business; provided, however, that hard copy records be made and kept of any and all [relevant] electronic records . . .”

Nature of Case: Race discrimination

Electronic Data Involved: Unspecified human resources records, payroll records

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