NEWS & EVENTS

Defendant Awarded Fees After Plaintiff Sanctioned for Destroying Evidence 

CHICAGO, IL - August 15, 2006: Charles A. Krumwiede v. Brighton Associates, L.L.C. and Ismael C. Reyes (N. Dist. Ill. 05 C 3003)

Forensicon, the largest Chicago-based provider of computer forensics services specializing in employment litigation, trade secrets, and internal investigations, today announced the latest ruling regarding the Krumwiede v. Brighton Associates et al employment litigation case. The court ruled that Brighton Associates, LLC is entitled to an award of costs and fees relating to its Motion for Sanctions, including fees paid to Brighton's attorneys and Forensicon.

"Brighton provides evidence that supports all of Forensicon's fees, and because Krumwiede does not present any evidence of redundant or unnecessary work by Forensicon, Brighton is entitled to recover costs and fees for . . .work performed by Forensicon."

Judge Martin C. Ashman's Opinion and Order filed August 9, 2006 overruled the objection to the motion, stating "Krumwiede's spoliation of computer data raised complex technical questions that required Brighton's counsel to obtain considerable technical expertise and perform in depth and thorough analysis of complicated, non-legal matters." Judge Ashman went on to say, "As a direct result of Krumwiede's conduct, written and oral discovery was pursued, including depositions of Krumwiede and Forensicon's analyst, Scott Jones."

In their objection, Krumwiede's attorneys argued that Forensicon and Jones performed redundant and unnecessary work. Judge Ashman ruled, "Brighton provides evidence that supports all of Forensicon's fees, and because Krumwiede does not present any evidence of redundant or unnecessary work by Forensicon, Brighton is entitled to recover costs and fees for . . .work performed by Forensicon." The Judge also stated "Because Brighton and Krumwiede retained Forensicon jointly and agreed to Forensicon's rates at that time, the court . . .does find that Forensicon's rates are reasonable."

Lee Neubecker, President of Forensicon, was pleased with the decision. "We're the vendor of choice for many litigators and the courts because of three attributes: efficiency, documentation, and experience. The fairness and deliberate reporting Forensicon presents is vital to a successful outcome for our clients, and is particularly important when we are selected to act as a neutral party, as in this case. The court confirms what we already knew: Forensicon provides the right level of detail at the right price at the right time."

Judge Ashman concluded the Opinion by noting, "A party who is sanctioned for discovery violations does not have the luxury of continuing to litigate his case as though no wrongdoing occurred."

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About Forensicon:

Specializing in trade secrets, employment litigation, and internal investigations, Forensicon is a computer forensics firm that provides expertise to the top law firms in the U.S. as well as corporations large and small. Forensicon offers nationwide computer forensics services for plaintiff, defense, as well as special master neutral third party representation. The firm has represented numerous Fortune 500 companies and other large privately held corporations wanting to defend against or prosecute claims of intellectual property theft. For more information, contact Forensicon at 888.427.5667, email us as contact@forensicon.com or visit our web site at: http://www.forensicon.com/