Forensics – ILS

ilsteam
April 10, 2019

Plaintiff Sanctioned for Intentionally Spoliating Cell Phone Evidence

In employment discrimination case Brewer v. Leprino Foods Company, Inc., No CV-1:16-1091-SMM (E.D. Cal. Jan. 29, 2019), the Eastern District of California granted Defendant’s motion for sanctions under Fed. R. Civ. P. 37(e)(2), finding that Plaintiff “acted with the intent to deprive” Defendant of certain relevant ESI. The sanction motion followed a non-party deposition in

ilsteam
November 21, 2018

Plaintiffs Sanctioned for Producing Emails as PDFs

In Johnson, et al. v. Italian Shoemakers, Inc., No. 3:17-cv-00740-FDW-DSC (W.D. N.C. Oct. 22, 2018), the United States District Court for the Western District of North Carolina affirmed the magistrate judge’s Memorandum and Recommendation and granted defendant’s motion for sanctions against Plaintiffs for their failure to comply with a discovery order. In the Memorandum and

ilsteam
October 6, 2017

Court Finds Defendant’s Failure to Preserve a Car’s Electronic Control Module Constitutes Spoliation

In Barry v. Big M Transportation, Inc., No. 1:16-cv-00167-JEO (Dist. Court ND Alabama, 2017), the United States District Court N.D. Alabama, Eastern Division determined that the failure to preserve a vehicle’s Electronic Control Module in a case involving a vehicle crash constituted spoliation of the evidence. This action arises out of a motor vehicle accident that

ilsteam
August 2, 2017

Plaintiff Unable to Establish Spoliation Despite Suspicious Activity

Can use of computer wiping software be innocuous once litigation commences, or is such use sufficient evidence of wrongdoing to establish spoliation sanctions? The court considered this question in HCC Insurance Holdings, Inc. v. Valda Flowers, No 1:15-cv-3262-WSD (N.D. Georgia, January 30, 2017). Plaintiff sued Defendant for alleged misappropriation of trade secrets. During the course

ilsteam
July 3, 2017

Plaintiff Permitted to View Image of Non-Party’s Computer in Business Torts Case

In Legacy Data Access, LLC v. Mediquant, Inc., Case No. 17-00069 (W.D. N.C., May 22, 2017), Plaintiff sued Defendant in the Western District of North Carolina for various business torts after Defendant allegedly poached several of Plaintiff’s former employees. In January 2017, Plaintiff served a subpoena upon one of its former employees, William Rowland, a

admin
June 16, 2017

Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case

In Integrated Direct Marketing, LLC v. May et. al., Case No. 16-1032 (4th Cir., May 30, 2017), Plaintiff appealed the grant of summary judgment in favor of Defendants. Plaintiff sued Defendants for misappropriation of trade secrets and breach of a confidentiality agreement. Plaintiff is a direct competitor with Defendant Merkle; the two companies maintain data

admin
June 14, 2017

Defendant Must Produce ESI Not In Its Physical Custody But Under Its Control, Computer Imaging Denied Because Need Not Proportional

In First American Bankcard, Inc. v. Smart Business Technology, Inc., et. al., Case No. 15-638 (E.D. La., May 24, 2017), Plaintiff sued Defendants for damages it allegedly incurred as a result of “deficient and defective” software designed, manufactured and hosted by Defendants. Plaintiff used the software to process cash advances and check cashing at casinos.

admin
May 31, 2017

ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets

In Systems Spray-Cooled, Inc. v. FCH Tech, LLC, et. al., Case No. 16-1085 (W.D. Ark., May 16, 2017), Plaintiff sued Defendants for misappropriation of trade secrets and confidential information. Plaintiff purchased its technology from UCAR Carbon Company, Inc. in 1999. The individual Defendants, Henry and Campbell, are former employees of Plaintiff and both were subject