In Kohan v. Nehmadi, Docket No. 104259/11, Supreme Court, New York County, June 6, 2017, a New York state lower court considered Plaintiff’s motion for spoliation sanctions after Defendant claimed that it irretrievably lost hard copy documents in Hurricane Sandy, and that it separately lost data on a hard drive containing electronic data due to
ComputerForensics Archives - ILS
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- 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
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- 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.
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- April 7, 2017
Metadata Reveals Fake Documents in Delaware Declaratory Action
In Ensing v. Ensing, et. al., Case No. 12591 (Del. Court of Chancery, Mar. 6, 2017), Plaintiff and Defendant Ensing were at one time married, and at the time, they owned together an Italian vineyard with a winery and hotel on the property operated through two Delaware limited liability companies. Plaintiff was a member of
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- April 5, 2017
New York Plaintiff Sanctioned for Spoliation of Computer, Text Messages, Audio Recordings
In Simons v. Petrarch LLC et. al., Case No. 158843/2013 (2017 NY Slip Op 30457, Supreme Court of NY, New York County, Mar. 8, 2017), Plaintiff sued her former employer and its owner for alleged incidents during her employment of sexual harassment, retaliation and civil battery. Defendant Petrarch LLC (“Petrarch”) employed Plaintiff from 2008 until
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- March 14, 2017
Email in Native File Format with Metadata: More Important Than Ever in 2017!
How important is email communication for nearly every civil litigation? Typically, email is crucial for shedding light on disputed situations. As we have noted before, email is often candid and casual, since people still tend to treat email as a less formal means of communication than a formal business letter. This aspect of email makes
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- February 3, 2017
Summary Judgment Denied as to Adequacy of U.S. Trustee’s FOIA Search
In Wisdom v. United States Trustee Program, Case No. 15-1821 (District of Columbia, Jan. 13, 2017), Plaintiff filed Chapter 7 bankruptcy in 2011, and Jeremy Gugino was appointed the Chapter 7 trustee of Plaintiff’s case. Gugino and Plaintiff had a contentious relationship, and in 2013, Plaintiff filed an adversary proceeding in his bankruptcy case, accusing
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- September 28, 2016
Court Denies Request for Forensic Examination of Computers To Locate Missing Email
AP Links, LLC et. al. v. Russ et. al., Case No. 09-5437 (E.D. N.Y., Sept. 7, 2016) is a business torts case involving a golf course consulting agreement, a large revolving credit facility, and alleged misconduct by an attorney and his law firm. During discovery, the court issued an order denying a request by Plaintiffs
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- January 29, 2016
Court Orders Defendants to Disclose ESI Storage and Maintenance Practices
In McKinney/Pearl Restaurant Partners, L.P. v. Metropolitan Life Insurance Company, et. al., Case No. 14-2498 (N.D. Tex., Jan. 8, 2016), Plaintiff, a restaurant, sued Defendants for breach of lease obligations. During discovery, Plaintiff served multiple sets of discovery requests upon Defendants and filed a Motion to Compel asserting that Defendants’ responses were boilerplate and nonresponsive.
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- October 2, 2015
Court Sanctions Defendant for False Statements Regarding Deleted Files
In Integrated Direct Marketing, LLC v. May, et. al., Case No. 14-1183 (E.D. Va., Sept. 8, 2015), the Eastern District of Virginia considered Plaintiff’s motion to compel and motion for spoliation sanctions after discovery revealed that Defendant had deleted hundreds of potentially relevant electronic files, and had made false statements to the court about the files. Plaintiff
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