MasterCard Int’l v. Moulton, 2004 WL 1393992 (S.D.N.Y. June 22, 2004)

Key Insight: Finding no bad faith in defendant’s failure to preserve email since defendants simply persevered in their normal document retention practices, court nonetheless ruled that plaintiff would be allowed to prove the facts reflecting the non-retention of email and argue to the trier of fact that this destruction of evidence, in addition to other proof offered at trial, warranted certain inferences

Nature of Case: Trademark infringement

Electronic Data Involved: Email