Key Insight: Defendant changed phones and with them photos of fire were lost. Plaintiff requested sanctions due to loss of photos. Court rejects sanction as Defendant could not have known about litigation when phones changed.
Nature of Case: Breach of Contract; Fraud
Electronic Data Involved: Cell Phone Photos
Keywords: spoilation; sanctions
Key Insight: Responsive communications were intentionally withheld and destroyed when the plaintiffs switched to an encrypted communication app
Nature of Case: wrongful termination and age discrimination
Electronic Data Involved: emails, text messages.
Keywords: Intentional spoliation, bad faith, encrypted communication application
Key Insight: whether the delays in a case as a result of attorney error or inattention could be a reason to dismiss a case
Nature of Case: breach of contract, fraud
Electronic Data Involved: emails, documents
Keywords: evasive, face value
Key Insight: Plaintiff’s motion for terminating spoliation sanctions granted in part, with a permissive inference spoliation jury instruction.
Nature of Case: Dispute over a software platform
Electronic Data Involved: Exported ScholarChip email account to “One Drive” clouds storage and saved copy on defendant’s personal computer.
Keywords: spoliation, permissive inference, intent to deprive
Key Insight: whether deleting documents for the purpose of depriving the plaintiff of their use in litigation satisfies Rule 37(e)
Nature of Case: breach of contract and unfair competition
Electronic Data Involved: deleted electronic records
Keywords: scholarchip, entrepreneur, webinar
Key Insight: whether the parties have acted in good faith, which shall relate to both the substance of the parties? accusations of misconduct, as well as the parties? decision to file an accusation of misconduct.
Nature of Case: misappropriation of trade secrets
Electronic Data Involved: emails
Keywords: foxconn, hit2
Key Insight: whether sanctions under Rule 37(e) are appropriate
Nature of Case: Breach of Contract, misappropriation of trade secrets
Electronic Data Involved: USB Drive
Keywords: FS event, usb, lnk files
Key Insight: whether sanctions are appropriate where defendant donated plaintiff’s computer per usual practice but after receiving preservation notice
Nature of Case: workplace discrimination
Electronic Data Involved: deleted electronic records
Keywords: sanctions, destruction, failure to preserve
Key Insight: whether failure of preserve documents is proof of lost relevant documents for 37(e) sanctions
Nature of Case: Strict product liability
Electronic Data Involved: deleted electronic records
Keywords: superficial cracks
Key Insight: whether showing of prejudice is necessary for 37(e) sanctions
Nature of Case: dissolution of business
Electronic Data Involved: emails, deleted electronic records
Keywords: Quickbooks
Copyright © 2022, K&L Gates LLP. All Rights Reserved.