Key Insight: Failure to promptly disclose false evidence
Nature of Case: misappropriation of trade secrets
Electronic Data Involved: email
Keywords: sanctions, affidavit, post-complaint deletion, restoration
Identified State Rule(s): Colorado Rule of Professional Conduct 3.3(a)(3)
Key Insight: insufficient evidence to support finding of spoliation
Nature of Case: Trade secret misappropriation, breach of confidentiality agreement
Electronic Data Involved: deletion of plaintiff’s electronic files from May’s personal hard drive
Keywords: spoliation inference, trade secret misappropriation
Key Insight: The Amended Rule governs unless its application would be unjust or impracticable.
Nature of Case: ADA discrimination
Electronic Data Involved: surveillance video
Keywords: Spoliation, adverse inference, amended rule
Key Insight: Defendant hacking of Plaintiff business email account, including confidential attorney-client communications.
Nature of Case: Trade secrets violation
Electronic Data Involved: business email account
Keywords: Email theft, hacking, sanctions.
Key Insight: Texas Supreme Court 7 part test for proportionality- benefit, case needs, amount in controversy, parties’ resources, issues at stake, importance of proposed discovery and other articulable factors. Brought Texas in line with FRCP.
Nature of Case: Homeowner Insurance Claim Litigation
Electronic Data Involved: Insurer Records
Keywords: Format of Production; Proportionality Factors
Key Insight: Lack of cooperation and deception on production does not lead to terminating sanctions if evidence was not actually destroyed but does lead to adverse inferences and cost shifting
Nature of Case: Unfair Competition
Electronic Data Involved: Electronic records
Keywords: CrossFit, terminating sanctions, perjury
Key Insight: Motion for sanctions denied since the court found that the loss had been accidental, so no intent. Plus, much of the info likely never existed.
Nature of Case: workplace discrimination/hostile work environment
Electronic Data Involved: Telephone logs and connected data, electronic logs
Keywords: Spoliation, loss of data, equipment failure, recoverable data, sanctions
Key Insight: Specific objections are required for proportionality claims
Nature of Case: Breach of contract
Electronic Data Involved: Electronic data
Keywords: boilerplate, control, former owner and top officers
Gordon v. T.G.R. Logistics, Inc., No. 16-cv-00238-NDF, 2017 WL 1947537 (D. Wy. May 10, 2017)
In this personal injury case, Defendant requested production of Plaintiff’s entire “Facebook account history” for her two accounts (and later limited the relevant timeframe of the request to information from three years prior to the accident through the present). In response, Plaintiff produced information that referenced the at-issue auto accident or her injuries and also provided information identified by a set of keywords set forth by Defendant. She objected to further production based on a lack of relevance, undue burden, and invasion of privacy. The court granted Defendant’s subsequent motion to compel, but imposed significant limits on the scope of production.
Key Insight: Intentional deletion and refusal to produce evidence leads to default judgment
Nature of Case: Breach of contract
Electronic Data Involved: Electronic data
Keywords: Default judgment, China, termination sanction
Copyright © 2022, K&L Gates LLP. All Rights Reserved.