Key Insight: Finding defendant’s actions went “far beyond mere negligence, demonstrating knowing and intentional conduct that led to the nonproduction of all technical e-mails,” district court affirmed the spoliation inference jury instruction and monetary sanctions imposed by magistrate
Nature of Case: Patent infringement
Electronic Data Involved: Email
Key Insight: Where defendants had actual notice of allegations against them and affirmatively stated that they were fully aware of their preservation obligations under PSLRA and sanctions for failure to comply, court declined to enter preservation order
Nature of Case: Securities litigation
Electronic Data Involved: Documents, data compilations (including electronically recorded or stored data), and tangible objects
Key Insight: District Court affirmed sanctions award of $147,635.74 imposed by Bankruptcy Court under its inherent powers on law firm representing estate, where among other things, law firm “got caught time and time again with having made misrepresentations about the completeness of what was provided,” even after the evidence indicated otherwise and after additional documents continued to be found
Nature of Case: Bankruptcy proceeding
Electronic Data Involved: Email and documents in electronic format
Key Insight: Federal database containing firearms tracing and licensing data which was maintained by Bureau of Alcohol, Tobacco & Firearms was relevant to plaintiffs’ claims, and was not protected by any law enforcement privilege when produced subject to an order of confidentiality; motion to quash subpoena denied
Nature of Case: Negligence action against manufacturers, distributors, and retailers of weapon used in robbery
Electronic Data Involved: Database maintained by Bureau of Alcohol, Tobacco, Firearms and Explosives
Key Insight: Court entered preservation order requiring preservation of all extant backups or images of all servers or personal computers containing disputed software or email; court denied motion to compel imaging of all media potentially containing software or electronic evidence relevant to the claims in the suit, and all images of defendants’ computer storage facilities, drives and servers taken to date, as substantially overbroad
Nature of Case: Copyright infringement
Electronic Data Involved: Backups and images of servers, software and email
Key Insight: Negative inference not warranted in NTSB board proceeding where computer tapes containing radar data were destroyed pursuant to FAA policy and without notice that pilot would raise issue of near-miss
Nature of Case: Petition for review of order of NTSB revoking pilot’s airline transport certificate
Electronic Data Involved: Tapes containing radar data
Key Insight: Wife’s acts of removing laptop from family home and delivering it to her attorney for safekeeping were not wrongful; court established protocol for inspection and production
Nature of Case: Divorce proceeding
Electronic Data Involved: Financial data stored on laptop provided by husband’s employer
Key Insight: Plaintiff’s motion for preliminary injunction granted; defendants enjoined from destroying, erasing or altering any of its computer-stored information that concerns any of plaintiff’s claims against them
Nature of Case: Trademark infringement
Electronic Data Involved: Computer data
Key Insight: In related action, court granted defendant’s ex parte application to allow its consultants to create mirror images of plaintiff’s computer hard drives, backup tapes and other storage media, in light of allegation that critical document and email were fabricated; after granting unopposed motion to dismiss, court awarded defendant $24,845.99 in fees and costs, including computer consultant fees of $5,650
Nature of Case: Alleged breach of lease agreement
Electronic Data Involved: Hard drives and other storage devices
Key Insight: Reference to previously entered TRO, ordering, among other things, that the parties neither destroy, alter, modify nor conceal any relevant data, including data stored on computer media, that defendants create and thereafter produce to defense counsel a backup file of defendant Bailey’s laptop computer, and a backup file of any personal computer hard-drive to which defendant Bailey has had access at any time, and that defendants produce a redacted copy of these hard-drive backup files to plaintiff’s counsel within three days after entry of the TRO; subsequent preliminary injunction included similar provisions
Nature of Case: Employer sued former employee for breach of employment contract, tortious interference, misappropriation of trade secrets
Electronic Data Involved: Databases containing sales and customer information
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