Melcher v. Apollo Med. Fund Mgmt. L.L.C., 859 N.Y.S.2d 160 (N.Y. App. Div. 2008)

Key Insight: Where there was no proof that plaintiff intentionally destroyed or withheld evidence, plaintiff’s assistant testified that she searched his computers, and there was an adequate explanation for non-production of two items of correspondence, appellate court found trial court had improperly directed the cloning of plaintiff’s computer hard drives and reversed lower court’s order

Nature of Case: Breach of fiduciary duty

Electronic Data Involved: Computer hard drives