Data Preservation – Page 24 – Electronic Discovery Law

Accurso v. Infra-Red Servs., Inc., —F. Supp. 3d.—, 2016 WL 930686 (E.D. Pa. Mar. 11, 2016)

Dec 01 2016

Key Insight: Court denied motion for a negative inference for Plaintiff?s alleged deletion of emails evidencing Plaintiff?s intention of taking business from Defendants where Defendants provided no basis for the court to conclude: 1) that there was ?actual suppression or destruction of evidence, let alone that [Plaintiff] was responsible,? 2) that the evidence was not obtainable from other sources, or 3) that Defendant acted with the requisite intent to deprive under Fed. R. Civ. P. 37(e)

Nature of Case: Claims and counterclaims include: violations of Employee Polygraph Protection Act, breach of contract, intentional interference with contract, fraud, misappropriation of trade secrets

Electronic Data Involved: Emails

Applebaum v. Target Corp., 831 F.3d 740 (6th Cir. 2016)

Dec 01 2016

Key Insight: In affirming the verdict of the trial court, the circuit court specifically indicated that the trial court did not err in refusing to give an adverse inference instruction and in its analysis recognized recent amendments to Rule 37(e): ?It bears adding that to the extent Applebaum sought an adverse inference instruction for spoliation of electronic information, a 2015 amendment to Civil Rule 37(e)(2) required her to show that Target had ?intent? to deprive her of the information?s use. A showing of negligence or even gross negligence will not do the trick. Fed. R. Civ. P. 37, 2015 Advisory Comm. Note. Applebaum would not have been able to show any degree of fault for Target?s alleged destruction of records, because she cannot show that Target destroyed the records?if they even existed in the first place?after it was put on notice of litigation.?

Nature of Case: Products Liability

Electronic Data Involved: ESI

McQueen v. Aramark Corp. – 201611 (D. Utah, 2016)

Nov 29 2016

Key Insight: Sanctions imposed after defendant’s failure to preserve relevant ESI after receiving a preservation letter from plaintiff.

Nature of Case: Wrongful death.

Electronic Data Involved: ESI work orders and related paper records.

Keywords: Defendant acted with gross negligence, but without intent to deprive the plaintiff of the information’s use in the litigation.

View Case Opinion

Davis v. Crescent Electric Company et al. (D. S.D., 2016)

Oct 12 2016

Key Insight: NDA adequately protects confidential and/or privileged information during forensic examination

Nature of Case: employment discrimination

Electronic Data Involved: email

Keywords: forensic examination

View Case Opinion

Reyes et al. v. Julia Place Condominiums Homeowners Association, Inc., et al. (E.D. La., 2016)

Oct 07 2016

Key Insight: no adverse inference for inadvertent destruction of evidence

Nature of Case: Fair Debt Collection Practices Act (FDCPA)

Electronic Data Involved: ledgers

Keywords: condo association

View Case Opinion

Trude v. Glenwood State Bank (Min. App., 2016)

Sep 08 2016

Key Insight: sanctions affirmed for discovery violations including using data wiping software to delete files

Nature of Case: repossession

Electronic Data Involved: deleted electronic records

Keywords: earth moving equipment repossession, deleted computer files, data wiping

Identified State Rule(s): Minnesota Rule of Civil Procedure 60.02

View Case Opinion

First American Title Insurance Company v. Northwest Title Insurance Agency, LLC, No. 2:15-cv-00229-DN-PMW (D. Utah, Aug. 31, 2016).

Aug 31 2016

Key Insight: no spoliation becuase no evidence responsive data deleted and no prejudice. Oral litigation hold upheld, but be wary.

Nature of Case: Breach of Contract; Unfair Competition

Electronic Data Involved: Various ESI- personal emails, files from work computer

Keywords: oral litigation hold; spoliation

Teledyne Technologies, Inc. v. Shekar (N.D. Ill., 2016)

Aug 22 2016

Key Insight: all counterclaims dismissed and attorneys’ fees paid for willful contempt

Nature of Case: misappropriation of trade secrets

Electronic Data Involved: computer files

Keywords: severe sanctions

View Case Opinion

Trude et al. v. Glenwood State Bank, et al., Nos. A15-0378, A15-1863, A15-1864 (Minn. App. Aug. 15, 2016)

Aug 15 2016

Key Insight: Plaintiff failed to respond to discovery requests. Plaintiff also used data wiping software hours before turning computer over for forensic examination. Defendant granted default judgment.

Nature of Case: Repossession/Ownership

Electronic Data Involved: Files on Computer

Keywords: default judgment, contempt, data wipe

Emergency Response Specialists, Inc v. CSA Ocean Sciences, Inc N.D. Ala. August 4, 2016 (UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION, 2016)

Aug 04 2016

Key Insight: lost evidence, data preservation

Nature of Case: breach of contract

Electronic Data Involved: destroyed electronic records of experts

Keywords: Case dismissal applicable only in extreme circumstances, defensible collection

View Case Opinion

Tag:Data Preservation