Tag: Deleted Data

1
Arista Records, Inc. v. Sakfield Holding Co. S.L., 314 F. Supp. 2d 27 (D.D.C. 2004)
2
RKI, Inc. v. Grimes, 177 F. Supp. 2d 859 (N.D. Ill. 2001)
3
Carlton Group, Ltd. v. Tobin, 2003 WL 21782650, fn. 8 (S.D.N.Y. July 31, 2003)
4
Samide v. Roman Catholic Diocese of Brooklyn, 773 N.Y.S.2d 116 (N.Y. App. Div. 2004)
5
Ill. Tool Works, Inc. v. Metro Mark Prods., Ltd., 43 F. Supp. 2d 951 (N.D. Ill. 1999)
6
Strasser v. Yalamanchi, 669 So.2d 1142 (Fla. Dist. Ct. App. 1996)

Arista Records, Inc. v. Sakfield Holding Co. S.L., 314 F. Supp. 2d 27 (D.D.C. 2004)

Key Insight: Since defendant had destroyed electronic records and failed to produce the very records that would provide evidence of its contacts within D.C., even after being ordered by court to do so, court denied defendant’s motion to dismiss for lack of personal jurisdiction; court declined to impose any sanctions, but said plaintiff could bring a motion in the future

Nature of Case: Copyright infringement and related claims

Electronic Data Involved: Electronic information on servers

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

Carlton Group, Ltd. v. Tobin, 2003 WL 21782650, fn. 8 (S.D.N.Y. July 31, 2003)

Key Insight: Court granted ex parte application for TRO and related relief in order to locate and recover stolen information, and ordered return of laptops and “bit stream copying” of defendants’ computers to preserve deleted data

Nature of Case: Financial services company sued former employees for conspiring to steal confidential and proprietary information and unfair competition

Electronic Data Involved: Client databases and other proprietary information

Samide v. Roman Catholic Diocese of Brooklyn, 773 N.Y.S.2d 116 (N.Y. App. Div. 2004)

Key Insight: Court modified prior order directing defendants to produce contents of hard drives for in camera inspection; individual defendants now directed to produce hard copies of all emails relating to allegations against certain individual, including any deleted emails recovered by a qualified expert appointed by the referee supervising the discovery; only those emails that in fact deal with relevant allegations to be turned over to the plaintiff; plaintiff agreed to bear all costs related to recovery of data from hard drive

Nature of Case: Sex discrimination, negligent supervision and breach of contract

Electronic Data Involved: Email and deleted email on hard drives of individual defendants

Ill. Tool Works, Inc. v. Metro Mark Prods., Ltd., 43 F. Supp. 2d 951 (N.D. Ill. 1999)

Key Insight: Defendant’s failure to preserve integrity of computer (dropping it repeatedly and apparent tampering, including disconnecting internal cables prior to court-ordered inspection) and failure to produce responsive electronic material warranted monetary sanctions

Nature of Case: Misappropriation of trade secrets

Electronic Data Involved: Hard drive, deleted files, electronically stored invoices

Strasser v. Yalamanchi, 669 So.2d 1142 (Fla. Dist. Ct. App. 1996)

Key Insight: Order allowing plaintiff unrestricted access to defendant’s computer system quashed, because the order allowed plaintiff unrestricted access to defendant’s computer system, including all of his programs and directories, without protection for any privileged or confidential information and without safeguards or restrictions to minimize any potential harm to the computer system

Nature of Case: Breach of contract suit between former partners

Electronic Data Involved: Inspection of computer system to search for financial information

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