Key Insight: video surveillance showing incident on which part of complaint is based could not be found by D, P motions for sanction for spoliation of evidence.
Nature of Case: employment discrimination, sexual harassment, workers compensation
Electronic Data Involved: Video surveillance
Keywords: spoliation, sanctions, preservation, surveillance, harassment, employment discrimination, bad faith
Key Insight: bad faith
Nature of Case: Breach of Contract, Trade Secrets
Electronic Data Involved: Spoliation
Keywords: RegDelNull, Eraser, CCleaner, bad faith, breach
Key Insight: Sanctions and shifted burden of proof imposed for failure to produce with intent to deprive.
Nature of Case: Discovery abuse sanctions
Keywords: spoliation, intent to deprive, sanctions, burden of proof shift, bad faith
Key Insight: whether the defendant acted with the intent to deprive plaintiff of the information’s use in the litigation
Nature of Case: personal injury
Electronic Data Involved: videotape
Keywords: videotape, garage door
Key Insight: Intentional spoliation but with no bad faith and little prejudice leads to only costs and fees sanctions
Nature of Case: Intellectual property
Electronic Data Involved: Electronic documents
Key Insight: Gross negligence does not necessarily prove intent on loss of electronic documents
Nature of Case: Contract
Electronic Data Involved: Warehouse data, e-mails
Key Insight: Spoliation sanctions must remedy the harm caused by the loss, and if documents are produced there is little loss
Nature of Case: Intellectual Property (Trade secrets)
Electronic Data Involved: E-mail
Key Insight: False statements about loss of evidence more easily prove intent wrt spoliation
Nature of Case: Breach of contract
Electronic Data Involved: Emails
Key Insight: Failure to produce discovery and making misrepresentations about the nature and content of documents so as to not produce them.
Nature of Case: trademark infringement
Electronic Data Involved: business documents, text messages, personal messages of employees.
Keywords: Compel, “chinese privacy law” misrepresentation,
Key Insight: Failure to disclose computing devices or to preserve documents, and doing so intentionally led to an adverse inference
Nature of Case: Intellectual property infringement (trademark and copyright)
Electronic Data Involved: Electronic documents, text messages
Keywords: Spoliation, Hendrix, adverse inference, anti-forensic software
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