Mikhlyn v. Bove, No. 08-CV-3367 (ARR) (RER), 2011 WL 4529619 (E.D.N.Y. Aug. 3, 2011); Mikylyn v. Bove, No. 08-CV-3367 (ARR) (RER), 2011 WL 4529613 (E.D.N.Y. Sept. 28, 2011)

Key Insight: Upon reconsideration of prior order awarding sanctions against defendants, court found that additional evidence indicated culpability on the part of defense counsel that justified joint and several liability for sanctions; defendants? discovery violations included willful failure to produce certain documents and the destruction of other ESI; counsels? discovery failures included defense counsels? failure to adequately communicate with opposing counsel resulting in court intervention and failure to comply with court orders; as sanction, court ordered defendants and counsel to pay specifically delineated portions of plaintiffs? attorneys? fees and costs

Nature of Case: trademark infringement, unfair competition, and related claims

Electronic Data Involved: ESI