Brookhaven Typesetting Servs., Inc. v. Adobe Sys., Inc., 2009 WL 1515661 (9th Cir. June 1, 2009)(Unpublished)

Key Insight: Where, despite defendant?s destruction of source code and other discovery misbehavior the district court declined to impose an adverse inference sanction upon finding that ?there was no evidence to support a finding that [defendant] acted in bad faith and had intentionally destroyed the earlier versions of the source code,? 9th Circuit declined to disturb the trial court?s decision upon finding the trial court?s decision ?not clearly erroneous?

Nature of Case: Copyright infringement, misappropriation of trade secrets, breach of contract

Electronic Data Involved: Source code