Court Issues Spoliation Sanctions for Negligent Destruction of Email
2004 WL 1393992 (S.D.N.Y. 2004)
In an action to assert a copyright infringement claim, the plaintiff sought spoliation sanctions against the defendant because the defendant had negligently destroyed email that was pertinent to the litigation. The defendant, and an employee of the defendant, both testified that the server automatically destroyed email that was over 21 days old, and that neither of them had tried to print out or save the email in some way.
Therefore, the defendant could not comply with the discovery instructions because he could not produce those emails that were over 21 days old. The plaintiff sought a sanction of a conclusive determination on the issues of “confusion by the public” and “dilution and tarnishment of the marks”. Alternatively, the plaintiff requested that the trier of fact be permitted to infer such conclusions from the destruction of the emails.
The court granted the sanction in the form of a jury instruction that would allow the jury to infer that the defendant’s negligent destruction of the email destroyed evidence of “confusion by the public” and “dilution and tarnishment of the marks”.
- Staff Recognized for Departing Employee Investigations - The first issue of Corporate Counsel Business Journal, CCBJ, includes an interview with our Director of Digital Forensics, Yaniv Schiff, and Solutions Architect, Curtis Collette, on the evolution of departing employee investigations. Departing Employee: When Do Investigations Become Necessary? appeared in the print publication, online edition, and on CCBJ’s In-House Tech website. For Increasing Numbers of Employers, Departing Employee Investigations[...Read More]
- Chicago Office Food Drive – The Results Are In - QDiscovery’s Chicago Office collected nearly 1,000 containers of food for the local food bank this Holiday Season! Our office competed with sister offices in Indiana and Connecticut. Alas, we came in third. Our sister offices each collected nearly 2,000 containers for their local food banks. Relatively new to the company-wide food drive, the Forensics Division[...Read More]
- QDiscovery QMobile App Wins Innovation Award - QDiscovery’s QMobile is winner of a 2017 Relativity Innovation Award. Presented at Relativity Fest, the Innovation Award celebrates organizations that create apps or integrations that extend the functionality of Relativity’s eDiscovery software. Our development team created an application that makes the analysis of mobile collections much more manageable. Relativity users can now produce and review mobile[...Read More]
- Moving and Changing - Acquired by Connecticut-based QDiscovery in 2016, Forensicon’s capabilities multiplied overnight, both in forensics brain power and eDiscovery expertise. As part of a leading provider of end to end litigation support, moving to larger offices that are more central to the Chicago legal community was inevitable.
- QDiscovery Named One of the Top 20 Providers of Legal Services! - Leading industry publication, CIO Magazine, has named Forensicon’s parent company, QDiscovery, to it’s Top 20 Providers of Legal Services. The annual listing includes 20 companies that are at the forefront of providing legal solutions and impacting the marketplace. Read the whole article here. Featured in the publication alongside QDiscovery President, Dave Barrett, is Director of Digital Forensics, Yaniv[...Read More]