Charlestown Capital Advisors, LLC v. Acero Junction, Inc. (S.D.N.Y. Sept. 30, 2020)
Key Insight: Sanctions against Defendants were warranted. Defendants had a duty to preserve relevant ESI at the time of their deletion which occurred a year into the litigation. Defendants failed to take reasonable steps to preserve relevant ESI. Defendants failed to suspend their routine document retention/destruction policy, Defendants’ counsel failed to oversee or play a role in preserving or attempting to reconstruct relevant ESI until 5 months after their deletion, and Defendants’ restoration attempts were inadequate.
Nature of Case: Breach of Contract
Electronic Data Involved: Email