Tag: Forensic Imaging

1
Miller v. Zara USA, 2017 NY Slip Op 04407 [151 AD3d 462] (N.Y. App. June 6, 2017)
2
TLS Mgmt. and Mktg. Services v. Rodriguez-Toledo, No. 15-2121 (BJM), 2017 WL 115743 (D. P.R. March 27, 2017)
3
Coyne v. Los Alamos National Security, LLC et al., No. 15-0054 (D.N.M. Mar. 21, 2017)
4
Estate of Shaw v. Marcus (S.D.N.Y., 2017)
5
Organik Kimya v. ITC (Fed. Cir., 2017)
6
Rockman Company v. Nong Shim Company (Northern District California, 2017)
7
Brand Services, LLC v. Irex Corp. (E.D. La., 2017)
8
Helget v. City of Hays (10th Cir., 2017)
9
Davis v. Crescent Electric Company et al. (D. S.D., 2016)
10
Trude et al. v. Glenwood State Bank, et al., Nos. A15-0378, A15-1863, A15-1864 (Minn. App. Aug. 15, 2016)

Miller v. Zara USA, 2017 NY Slip Op 04407 [151 AD3d 462] (N.Y. App. June 6, 2017)

Key Insight: Attorney client privilege and work product protections for communications from company devices

Nature of Case: employment discrimination

Electronic Data Involved: Company laptop data

Keywords: attorney client privilege, computer forensics, privacy policy, work product

Identified State Rule(s): CPLR 3103

TLS Mgmt. and Mktg. Services v. Rodriguez-Toledo, No. 15-2121 (BJM), 2017 WL 115743 (D. P.R. March 27, 2017)

Key Insight: ESI “willfully discarded or deleted”

Nature of Case: Alleged violations of the electronic Communications Privacy Act against defendants accused of stealing plaintiff’s clients and confidential information.

Electronic Data Involved: defendant’s iPhone, laptop and external hard drive

Keywords: adverse-inference instruction, forensic examination of a flash drive.

View Case Opinion

Coyne v. Los Alamos National Security, LLC et al., No. 15-0054 (D.N.M. Mar. 21, 2017)

Key Insight: Plaintiff reset iPhone, shortly before sending to vendor for forensic examination. Previous sanctions had not proven to deter this activity and recommended dismissal of case.

Nature of Case: Wrongful Termination

Electronic Data Involved: iPhone Records

Keywords: spoliation; destruction; sanctions

View Case Opinion

Estate of Shaw v. Marcus (S.D.N.Y., 2017)

Key Insight: email

Nature of Case: Family Business dispute

Electronic Data Involved: email

Keywords: Pattern of delinquent conduct; Complete disr4egard for court orders; failure to preserve; Zubulake

View Case Opinion

Organik Kimya v. ITC (Fed. Cir., 2017)

Key Insight: whether an order of default judgment amounts to abuse of discretion given finding of bad faith

Nature of Case: patent infringement / misappropriation of trade secrets

Electronic Data Involved: deleted electronic records

Keywords: spoliation, overwriting, internal clock, laptop, forensic investigation, intent, bad faith, prejudice, ability to control, litigation hold notice, default judgment, adverse inference, deterrence

View Case Opinion

Rockman Company v. Nong Shim Company (Northern District California, 2017)

Key Insight: Duty of preservation is not enforceable for foreign company investigated by foreign government with no lawsuits filed in USA

Nature of Case: antitrust

Electronic Data Involved: deleted electronic records

Keywords: duty of preservation foreign, foreign government investigation preserve

View Case Opinion

Brand Services, LLC v. Irex Corp. (E.D. La., 2017)

Key Insight: How much access of a party’s electronic information system does rule 34(a) give a party?

Nature of Case: Trade secrets

Electronic Data Involved: Responsive documents

Keywords: ESI protocol, Forensic images, overly broad

View Case Opinion

Helget v. City of Hays (10th Cir., 2017)

Key Insight: Measures to cure prejudice should be no greater than necessary, but if a party acts with intent to deprive, the court may presume unfavorability, issue an adverse inference, or dismiss and enter a default. You must raise your spoliation motions before summary judgment is ruled on.

Nature of Case: Unlawful termination

Electronic Data Involved: relevant electronic communications and documents

Keywords: prejudice, spoliation, intent to deprive, adverse influence

View Case Opinion

Trude et al. v. Glenwood State Bank, et al., Nos. A15-0378, A15-1863, A15-1864 (Minn. App. Aug. 15, 2016)

Key Insight: Plaintiff failed to respond to discovery requests. Plaintiff also used data wiping software hours before turning computer over for forensic examination. Defendant granted default judgment.

Nature of Case: Repossession/Ownership

Electronic Data Involved: Files on Computer

Keywords: default judgment, contempt, data wipe

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