Preservation Orders for Computer Forensic Evidence

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]

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.

Pinstripe, Inc. v. Manpower, Inc.

On Oct. 25th, 2007, Pinstripe filed suit against Manpower, Inc. and IBM for breach of contract. Attorneys for Manpower immediately drafted a litigation hold, but in January 2009, in-house counsel the company had failed to issue the hold. Further investigation revealed that two employees may have deleted pertinent email data. Forensicon was hired to conduct[…Read More]

Ranta v. Ranta

Party Ordered to Stop Using Laptop and Turn It Over to the Court 2004 WL 504588 (Conn. Super. 2004) In a divorce proceeding, the judge ordered the plaintiff “to stop using, accessing, turning on, powering, copying, deleting, removing or uninstalling any programs, files and or folders, or booting up her laptop computer.” The court order[…Read More]

Krumwiede v. Brighton Associates

What began as an employee’s claims for breach of an Employment Agreement and backpay resulted in a counterclaim alleging tortuous interference, breach of non-compete and confidentiality duties, and violation of the Illinois Trade Secrets Act.