Archive - June 7, 2019

Key Insight: whether deleting documents for the purpose of depriving the plaintiff of their use in litigation satisfies Rule 37(e)

Nature of Case: breach of contract and unfair competition

Electronic Data Involved: deleted electronic records

Keywords: scholarchip, entrepreneur, webinar

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Key Insight: Plaintiff’s motion for terminating spoliation sanctions granted in part, with a permissive inference spoliation jury instruction.

Nature of Case: Dispute over a software platform

Electronic Data Involved: Exported ScholarChip email account to “One Drive” clouds storage and saved copy on defendant’s personal computer.

Keywords: spoliation, permissive inference, intent to deprive

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