Tag: Spoliation

1
Carrington v Graden, (S.D.N.Y. 2020)
2
Integrated Communications & Technologies v.Hewlett-Packard Financial Services Company (D. Mass. Aug. 13, 2020)
3
Alsadi v. Intel Corporation (D. Az., 2020)
4
QueTel Corp v. Hisham Abbas (4th Cir., 2020)
5
Bolding v. Banner Bank (W.D. Wash. May 22, 2020)
6
WeRide Corp. v. Kun Huang (N.D. Cal., 2020)
7
Vaks v. Quinlan, et al. (District of Massachusetts, 2020)
8
Allscripts Healthcare, LLC v. DR/Decision Resources, LLC d/b/a Decision Resources Group (District of Massachusetts, 2020)
9
Nevis v. Rideout Memorial Hospital, et al. (Eastern District of California, 2020)
10
Digital Mentor, Inc. v. Ovivo USA, LLC (Western District of Washington, 2020)

Carrington v Graden, (S.D.N.Y. 2020)

Key Insight: Plaintiff was discovered to have fabricated emails. Court awarded over $500,000 in damages to Defendant.

Nature of Case: antitrust litigation

Electronic Data Involved: Emails

Keywords: sanctions,m fabricated evidence

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Integrated Communications & Technologies v.Hewlett-Packard Financial Services Company (D. Mass. Aug. 13, 2020)

Key Insight: Spoliation had occurred, but no default judgment issued. Evidence regarding destruction was allowed, no testimony from plaintiffs regarding unpreserved ESI and adverse inference instruction.

Nature of Case: Breach of Contract

Electronic Data Involved: Emails and Computers

Keywords: adverse inference, sanctions

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Alsadi v. Intel Corporation (D. Az., 2020)

Key Insight: Court ruled that ESI is expansive and includes information stored electronically, not just information on a computer system as plaintiffs argued. FRCP overrules state law or inherent power to sanction. No negative inference allowed.

Nature of Case: negligence, loss of consortium

Electronic Data Involved: records of ambient gas levels

Keywords: sanctions, negative inference, inherent authority

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QueTel Corp v. Hisham Abbas (4th Cir., 2020)

Key Insight: Defendants had deleted relevant files just before forensic imaging occurred. Court sanctioned Defendant and issue permanent injunction.

Nature of Case: Copyright infringement

Electronic Data Involved: Source Code and files on laptops

Keywords: sanctions, injunctions, source code

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Bolding v. Banner Bank (W.D. Wash. May 22, 2020)

Key Insight: Defendant deleted backup tapes after litigation hold notice issued. Spoliation occurred, but no default judgment

Nature of Case: class-action employment

Electronic Data Involved: Backup tapes

Keywords: sanctions, backup tapes, destruction

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WeRide Corp. v. Kun Huang (N.D. Cal., 2020)

Key Insight: Defendant’s failure to suspend document retention policy resulted in loss of evidence and court ordered judgment against Defendant. Plaintiff also showed evidence that USB Drives had been inserted into a shared laptop and files deleted. Defendants actions had made it impossible for Plaintiff to prove case.

Nature of Case: Trade Secrets

Electronic Data Involved: USB Drives inserted into company laptop; Email accounts

Keywords: records retention policy, spoliation, sanctions

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Vaks v. Quinlan, et al. (District of Massachusetts, 2020)

Key Insight: plaintiff violated the protective order by filing a pleading attaching confidential documents

Nature of Case: employment discrimintation

Electronic Data Involved: confidential documents protected under the protective order

Keywords: protective order, confidentiality

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Allscripts Healthcare, LLC v. DR/Decision Resources, LLC d/b/a Decision Resources Group (District of Massachusetts, 2020)

Key Insight: enhancement of protective order to ensure heightened confidentiality of one document.

Nature of Case: breach of contract and false and misleading statements

Electronic Data Involved: confidentiality of proprietary aggregate data product

Keywords: protective order, heightened confidentiality

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Nevis v. Rideout Memorial Hospital, et al. (Eastern District of California, 2020)

Key Insight: Plaintiff was made aware that he had to preserve his phone records and text records and than failed to do so

Nature of Case: personal injury and liability

Electronic Data Involved: plaintiff’s cell phone and text messages

Keywords: spoliation, text messages, phone records, cell phone, preservation

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Digital Mentor, Inc. v. Ovivo USA, LLC (Western District of Washington, 2020)

Key Insight: Failure to produce; Sanctions; Proportionality

Nature of Case: Trademark & Copyright infringement

Electronic Data Involved: Hard copy; correspondence; email

Keywords: “Functional employee”; Consultant; Third-party communications; Privilege; Spoliation; Unfair prejudice; Attorney’s fees and costs; Proportionality; Access/Resources;

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