Key Insight: Courts have inherent authority and FRCP 37 to apply sanctions for spoliation and the inherent authority analysis (which the court used in this case) is much the same as FRCP 37
Nature of Case: Trademark infringement
Electronic Data Involved: Electronic data generally (EDI records, Quickbook files, passwords, sales data)
Keywords: Turkey, women’s apparel, Lanham act
Identified Local Court Rule(s): W.D. Wash. LCR 7
Key Insight: Intent must be proved for adverse inference sanction, “evilness” of corporation not at issue
Nature of Case: Trade secret misappropriation
Electronic Data Involved: Electronic records
Keywords: Uber, evil corporation, trade secret, imagination, spoliation, Academy Award
Key Insight: was data not preserved and therefore lost in bad faith?
Nature of Case: breach of contract, tortious business interference, unfair competition, trade secrets law, etc
Electronic Data Involved: Business documents, information about business strategy, clients and products.
Keywords: preservation, bad faith, destroyed data.
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