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.
Deletion of Facebook account results in spoliation
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.
First Name: Last Name: Email: IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION PLAINTIFF’S MOTION FOR SANCTIONS DUE TO DEFENDANT’S WILLFUL SPOLIATION OF EVIDENCE NOW COMES the Plaintiff, XYZ GROUP, INC. (“XYZ”), and moves this Court pursuant to Federal Rule of Civil Procedure 37(b) and this Court’s inherent power[…Read More]
Court Grants Plaintiff’s Motion for Sanctions Due to Discovery Deficiencies 2010 U.S. Dist. LEXIS 38867 (S.D.N.Y. April 20, 2010) On plaintiff’s motion for sanctions due to discovery deficiencies, the Southern District of New York imposed a $25,000 fine on a litigant whose failure to properly install a litigation hold and conduct appropriate searches for relevant[…Read More]
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]
2010 WL 184312 (S.D.N.Y. Jan. 15, 2010) Judge Scheindlin, the foremost e-discovery expert, is the first to draw lines between negligent and grossly negligent conduct in the context of e-discovery sanctions. Although each case must turn on its own facts, the following distinctions will likely influence the future analysis of sanctionable conduct. Negligent Conduct A[…Read More]
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]
The plaintiff brought legal action against its former employees for misappropriating a number of plaintiff’s computer files. In support of its claims, the plaintiff performed a forensic analysis of the employees’ former work computers and discovered that they had copied confidential files prior to leaving the company.
Consider the following scenario… When John Elder thought he was passed up for a promotion because of his age, he decided to leave Company X. During the exit interview before his departure, John mentioned to the HR personnel that he had a valid reason to think he was being discriminated against because of his advanced[…Read More]