Deletion of Electronic Documents

Philip Charvat v. Carnival Corporation – Spoliation Sanctions Denied

Charvat v. Valente, et al. 2015 WL 4037776 (N.D. Ill. July 1, 2015) In July 2012, plaintiff Philip Charvat, on behalf of himself and others, alleged defendant Carnival Corporation withheld documents and engaged in document spoliation after plaintiff sought an order compelling defendant to produce specific documents. Sixteen documents were listed by defendant on a[…Read More]

Kyko Global Inc. v. Prithvi Information Solutions Ltd.

In Kyko Global Inc., before the Court was a determination of the admissibility of materials on a computer. 2014 WL 2694236 (W.D. Washington 2014). The plaintiffs, Kyko Global Inc. and Kyko Global GMBH (“Kyko”) are in the business of fronting money to customers’ accounts receivables. In the fraud case Kyko brought against defendants, Prithvi Information[…Read More]

Andy Thayer v. Ralph Chiczewski, et al.

Introduction Andy Thayer (“Plaintiff”) a protestor that was arrested while protesting the Iraq war, brought a civil rights suit against the City of Chicago (“City”), alleging that the City violated his constitutional rights when they arrested him and other protestors gathered for an unpermitted protest. (The City had previously denied the Plaintiff and the other[…Read More]

T&E Investment Group, LLC v. Faulkner et al

Introduction The District Court for the Northern District of Texas adopted the recommendation of the Magistrate Judge to sanction the Defendants, Christopher Faulkner, Brietling Oil and Gas Corporation, Parker Hallam, and Dustin Rodriguez, by fining the Defendants in the amount of $27,500, and by instructing the jury that it might make an adverse inference due[…Read More]

Sloan Valve Co. v. Zurn Industries, Inc.

Introduction The Plaintiff, Sloan Valve Company, brought a renewed motion for discovery sanctions against the Defendant, Zurn Industries, Inc., for failure to comply with discovery requests and the Magistrate Judge’s order. In the instant action, Sloan argued that the Defendant refused to adequately preserve documents that would have been responsive to the Plaintiff’s document requests[…Read More]

Jon Domanus, et al. v. Derek Lewicki, et al.

Introduction The Plaintiffs, shareholders in Krakow Business Park SP. ZO.O. (“KBP”), brought suit against the Defendants, Derek Lewicki, Richard Swiech, and Adam Swiech. Plaintiffs asserted claims under the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1962 (“RICO”). In the instant action, the Plaintiffs claimed that the Defendants participated in the spoliation of evidence by[…Read More]

Loest & McNamme v. Camera / Broadbent Selections

Plaintiff’s counsel filed a Motion for Sanctions against Defendants Katherine Camera, an individual, and Broadbent Selections, Inc. Defendants’ Counsel Mr. Joseph Marconi and Mr. Victor J. Pioli of Johnson & Bell LTD. successfully defeated those allegations using analysis of Forensicon’s Senior Examiner, Yaniv Schiff.

Trade Secrets & Non-Solicitation

Forensicon recently assisted a local manufacturing company that was investigating if a recently departed employee misappropriated trade secrets or other proprietary information. Forensicon’s investigation discovered the employee had taken clear steps to delete and hide his/her tracks using multiple anti-forensics tools.

Allstate Insurance v. St. Anthony’s Spine & Joint Inst

Defendant’s Failure to Maintain Electronic Records Suggests Negligent Spoliation 2010 U.S. Dist. LEXIS 11475 (N.D. Ill. 2010) In a case brought by an insurance company alleging fraud in insurance claims, the defendant’s failure to maintain electronic patient records was enough to defeat his motion for summary judgment on a charge of negligent spoliation. The insurance[…Read More]