Electronic Document Retention

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]

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]

Employment & Sanction Defense

Forensicon was retained to assist a local financial services company defend against multiple alleged employment related claims including discrimination, harassment, and retaliation. The company’s internal IT department had preserved some data related to discovery requests, but counsel wanted an independent, experienced firm to perform an audit and verify the preservation techniques utilized.

Attorney Grievance Commission of Maryland v. Potter

The court considered a Petition for Disciplinary Action against the defendant, an attorney, alleging violations of the Maryland Rules of Professional Conduct. The defendant worked for a law firm that paid him a base salary plus a percentage of the fees generated by cases he worked on. Before leaving the firm, the defendant took paper[…Read More]

Invision Media Communications, Inc. v. Federal Ins. Co.

Sanctions Imposed Against Party Failing to Reasonably Produce Emails Upon Discovery Request 2004 WL 396037 (S.D.N.Y. 2004) In an action for breach of an insurance contract, the defendant moved for sanctions against the plaintiff for discovery misconduct. The allegations of misconduct against the plaintiff included making false statements regarding the location and existence of its[…Read More]

Rambus, Inc. v. Infineon Techs. AG

In a patent infringement action, the defendant filed a motion to compel production of various documents including those related to the plaintiff’s document retention policy. The plaintiff provided evidence of the defendant’s “shred day”, an event where employees shredded about two million documents as part of the defendant’s document retention policy. The plaintiff argued that[…Read More]