Archive - February 15, 2017

1
Organik Kimya v. ITC (Fed. Cir., 2017)
2
Alston v. Park Pleasant (3rd Circuit, 2017)

Organik Kimya v. ITC (Fed. Cir., 2017)

Key Insight: whether an order of default judgment amounts to abuse of discretion given finding of bad faith

Nature of Case: patent infringement / misappropriation of trade secrets

Electronic Data Involved: deleted electronic records

Keywords: spoliation, overwriting, internal clock, laptop, forensic investigation, intent, bad faith, prejudice, ability to control, litigation hold notice, default judgment, adverse inference, deterrence

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Alston v. Park Pleasant (3rd Circuit, 2017)

Key Insight: No spoliation because no bad faith found when party did not retain records after selling assets (including computers)

Nature of Case: workplace discrimination, disability rights

Electronic Data Involved: unspecified electronic records

Keywords: Rule 37(e) ignored,

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