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: 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: 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.
Key Insight: Adverse inference instruct sanction correct because party failed to preserve video evidence when overhauling system
Nature of Case: sip and fall, premises liability
Electronic Data Involved: video
Keywords: adverse inference instructions, culpable state of mind, destroying video
Key Insight: Intentional spoliation/persistent discovery misconduct can lead to sanctions well above the amount in dispute
Nature of Case: Intellectual Property (trademark infringement/counterfeit)
Electronic Data Involved: Electronic data
Keywords: Sanctions, proportionality, willfully, adverse inference
Key Insight: Extreme misconduct by defendant leads to recommendation of termination sanctions
Nature of Case: Civil rights violations (police excessive force)
Electronic Data Involved: Electronic records generally
Keywords: retrospect, contempt, sanctions, Agiwal factors, repeated and numerous violations,
Key Insight: relevance and proportionality
Nature of Case: false advertising
Electronic Data Involved: documents, communications
Keywords: relevant, proportional, reconsideration, additional discovery, custodial files, protective order, third party discovery
Key Insight: Defendants turned in employer owned/funded cell phones a month after litigation filed; was not spoilation and no sanctions given
Nature of Case: Civil Rights Violation
Electronic Data Involved: Cell Phone Records
Keywords: spoilation, duty of preservation
Key Insight: whether a permissive adverse inference instruction should be permitted; if so, whether spoliating party should be permitted to offer evidence to justify spoliation
Nature of Case: sexual harassment/abuse
Electronic Data Involved: hard copy
Keywords: permissive adverse inference, permitting spoliating party to explain, negligent failure to preserve
Key Insight: While shredded physical notes are not ESI, and thus not governed by FRCP 37(e), the court finds it a helpful rationale in deciding the proper course of action.
Nature of Case: Civil Rights
Electronic Data Involved: handwritten notes
Keywords: adverse inference, spoliation sanctions,
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