Key Insight: not ordered to reproduce production of documents in native format (with metadata) but only categories specifically requested by plaintiff
Nature of Case: wrongful termination – contract
Electronic Data Involved: email
Keywords: native format
Key Insight: No sanctions when electronically stored information is lost during ordinary course of business.
Nature of Case: Sanctions
Electronic Data Involved: electronically stored information
Keywords: Safe harbor, Rule 37(e), good faith, normal course of business, spoiliation
Key Insight: Plaintiff unsuccessfully seeks injunction to prevent destruction of certain evidence. Defendants argued that sanctions would be inappropriate and no spoliation had occurred.
Nature of Case: Inmate pro se plaintiff asserts a host of constitutional violations against the U.S. and individual prison personnel.
Electronic Data Involved: Deleted video footage.
Keywords: Failure to preserve, destruction of evidence, spoliation, adverse inference.
Key Insight: Magistrate recommended sanctions for defendants’ willful failure to comply with his discovery order. No finding of bad faith.
Nature of Case: Breach of contract.
Electronic Data Involved: Defendant emails and text messages.
Keywords: “Strong circumstantial evidence” that the defendants had concealed documents. Adverse inference instructions and legal costs imposed by court.
Key Insight: Failure to preserve relevant evidence.
Nature of Case: Trademark ownership dispute.
Electronic Data Involved: Defendants discarded computers, following an alleged power surge which “fried” data.
Keywords: Defendants “willfully spoliated evidence” and the “extraordinary measures Batterman undertook to mislead opposing counsel and the Court merit a finding of bad faith.”
Key Insight: whether defendants acted with prejudice in not preserving “loop type system” video footage; whether spoliation sanctions apply for destroyed evidence
Nature of Case: Eighth Amendment claims for deliberate indifference and excessive force (cruel and unusual punishment)
Electronic Data Involved: medical records
Keywords: spoliation, preserve, prejudice, intent, bad faith, loop type system
Key Insight: are the defendants acting in bad faith by not confirming that evidence doesn’t exist or was it not preserved, in that case is it sanctionable
Nature of Case: violation of Securities act, violation of the exchange act and rule 10b-5, unregistered securities offerings
Electronic Data Involved: “back office data” information as to whether defendants explored public offering
Keywords: bad faith, sanctions, spoliation, public offering
Key Insight: if sanctions can be granted for inconsistent and incomplete response from opposing party
Nature of Case: violations of the Fair Labor Standards Act and the New York Labor Law
Electronic Data Involved: initial interrogatories and verifications
Keywords: spoliation, sanctions, default judgment, defunct business, unreachable party
Key Insight: Trial court erred by giving a spoliation instruction for Defendant?s failure to produce certain information where an explanation was given for the nonexistence of some records and where there was no evidence that the missing records were lost with the requisite intent to conceal or destroy relevant evidence and the error was harmful; judgment was reversed and case remanded
Nature of Case: Personal injury resulting from automobile/tractor-trailer collision
Electronic Data Involved: Miscellaneous records
Key Insight: Where prisoner alleged that he was attacked by another inmate and that corrections officers failed to properly respond, court found prison had a duty to preserve relevant surveillance footage and the recording of the involved-officer?s phone call to his wife immediately following the incident and that the failure to do so resulted in prejudice; court ordered evidentiary sanctions for the loss of certain footage, but reserved a determination re: sanctions as to lost video of the aftermath of the attack and the officer?s phone call
Nature of Case: Civil rights
Electronic Data Involved: Video surveillance footage and call recording
Copyright © 2022, K&L Gates LLP. All Rights Reserved.