Key Insight: Where plaintiff failed to sufficiently establish existence or relevance of emails allegedly spoliated or that defendants alleged abuses resulted from willful misconduct or gross negligence, trial court declined to impose sanctions; court of appeals affirmed
Nature of Case: Breach of contract, promissory estoppel, interference with a contract
Electronic Data Involved: Email
Key Insight: Court denied defendant’s motion to dismiss for failure to preserve exculpatory evidence where defendant alleged government spoliation of potentially exculpatory hard drives but failed to show that the unavailable evidence possessed exculpatory value that was apparent prior to destruction and that he could not obtain comparable evidence by other means and where defendant failed to adequately support an inference that evidence was destroyed in bad faith
Nature of Case: Recieving and transporting child pornography
Electronic Data Involved: Hard drives
Key Insight: Where documents produced by plaintiffs had been printed into hard copy and then scanned into electronic format and produced on CD, Special Master found that documents had not been produced as they were kept in the ordinary course of business pursuant to Rule 34 and recommended plaintiffs be ordered to produce an index identifying documents responsive specifically to moving party?s requests; court adopted Special Master?s recommendation in subsequent opinion, 2008 WL 5120696 (M.D. Fla. Dec. 4, 2008)
Nature of Case: Insurance coverage and related claims
Electronic Data Involved: Email, unspecified ESI
Key Insight: Appellate court found that pornographic video attached to an email from defendant was properly authenticated under Tex. R. Evid. 901(b)(4) where, considering the ?appearance, contents, substance and other distinctive characteristics, taken in conjunction with the circumstances,? the video was found to be what it was purported to be and where, applying the ?reply letter doctrine? the video was considered to be genuine and admissible in light of the fact that it was sent in response to a message sent by the government inquiring about the video, among other things
Nature of Case: Promotion of or possession with intent to promote obscene material
Electronic Data Involved: Pornographic video attachment to email
Key Insight: Court declined to find waiver of inadvertently produced emails pursuant to ER 502(b) where some of the emails were marked attorney-client privileged, where counsel took prompt steps to claim the privilege and seek their return, and where the disclosure ?took place in the context particularly intended to be addressed by Fed. R. Evid. 502, the production of electronically stored information.?
Electronic Data Involved: Emails
Key Insight: Court granted defendants? request for appointment of Fed. R. Civ. P. 53 special master to analyze and compare source codes of subject software prior to any discovery of proprietary source codes
Nature of Case: Copyright infringement
Electronic Data Involved: Source code for software in hand-held computers used for inventory control
Key Insight: Court rejected defendants’ objections to magistrate judge’s December 21, 2008 order imposing sanctions of $99,462, upheld the December 21, 2008 order in its entirety, and ordered defendants to comply with the order by March 3, 2008
Nature of Case: Misappropriation of trade secrets and breach of employment contract
Electronic Data Involved: Computer
Key Insight: Where emails and other documents stored on backup records were destroyed after complaint was filed, but reasons defendant began destroying such outdated mainframe reel-to-reel tapes at that time were (1) to reduce storage costs of up to $4,000 per year and (2) because data on tapes was no longer readable, and decision to destroy the unusable tapes not made by anyone who had anything to do with plaintiff, court concluded evidence did not support drawing any adverse inference from defendant?s intentional destruction of potentially probative evidence
Nature of Case: Claim for violation of FMLA
Electronic Data Involved: Emails stored on outdated mainframe reel-to-reel tapes
Key Insight: Where defendant certified that he had deleted any and all of plaintiff’s proprietary information from his computer and stipulated to plaintiff’s requested relief, court ordered that a mutually acceptable representative of plaintiff be allowed to examine defendant’s computer to confirm permanent deletion of proprietary information
Nature of Case: Misappropriation of confidential and proprietary information
Electronic Data Involved: Recruiting firm’s database; computer hard drive
Key Insight: Because court ruled that plaintiff?s claims were without merit and granted defendant?s motion to dismiss, with prejudice, court concluded there was no need for expert to access laptop?s hard drive and that defendant was entitled to return of its property; court ordered plaintiff to return laptop and other property to defendant former employer, and directed defendant to ?preserve, maintain, and protect all such property and things in their present state from destruction, modification and/or alteration? until the action was finalized
Nature of Case: Wrongful termination
Electronic Data Involved: Employer-provided laptop
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