In this case involving the alleged infringement of music created by the late artist Prince, the court granted in part the plaintiffs’ motion for sanctions based on the defendants’ intentional and egregious spoliation of text messages.
Court glances past issue of lost passwords for protected documents
In this employment discrimination case, the court denied the plaintiff’s motions for sanctions involving both paper records and ESI. It found that the plaintiff failed to establish that the defendant spoliated any emails and failed to support its argument for preclusion of internal complaint evidence.
Going Beyond Litigation
The essence of ediscovery is twofold: managing data and extracting useful information that can then be used to tell a story. Learning how to accomplish these goals cost-effectively requires both a mindset and a skill set that have wide potential applications…
Party ‘repeatedly and consistently [took] knowing and intentional action to destroy evidence’
In this case alleging breach of contract and trade secret theft, the North Carolina Business Court granted the plaintiff a preliminary injunction after the defendant admitted to spoliating evidence.
Court ‘will not tolerate the destruction or concealment of evidence’
In this case seeking unpaid overtime wages, the court previously imposed sanctions against the defendants for their discovery abuses. This order denied their motion to reconsider those sanctions or to grant a permissive interlocutory appeal.
Disputed restoration expected to cost less than the motion practice about it
In this case alleging patent infringement, the court held that restoration of an email archiving system would be proportional to the value of the case. However, because making only one party bear that cost would be disproportional, the court split the cost equally between the parties.
