Court Denies Plaintiff Direct Access to Mirror Images of Defendants’ Hard Drives; Defense Expert to Conduct Forensic Search with Ongoing Input from Plaintiff and Plaintiff’s Expert
Calyon v. Mizuho Secs. USA Inc., 2007 WL 1468889 (S.D.N.Y. May 18, 2007)
This case involved claims against former employees (the “Individual Defendants”) and their new employer for the misappropriation of confidential business information. According to Calyon, the Individual Defendants used email and small, hand-held computer storage devices to remove vast quantities of Calyon’s business data and documents. Plaintiff and the Individual Defendants reached an agreement to preserve the hard drives of the Individual Defendants’ personal computers and computer storage devices by creating “mirror images” of them. However, the parties were unable to reach agreement on the protocol for reviewing the mirror images, and sought the court’s assistance.
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