Related By Tag: spoliation

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]

Mastercard, Inc. v. Moulton

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[…Read More]

United States v. Phillip Morris

The court had initially ordered the defendants to retain all relevant documentation to the proceedings, as well as all emails. After the order, the defendant continued to destroy all email over 60 days old monthly on a system wide basis. The defendant became aware that its retention, or lack thereof, was not in compliance with[…Read More]

Data Security – What To Do When An Employee Leaves

Unfortunately for employers, unconditional trust in an employee’s honesty is not a luxury any employer can afford. The Computer Security Institute’s “2003 Computer Crime and Security Survey” indicates that “theft of proprietary information caused the greatest financial loss” and, additionally, 62 percent of those who responded to the survey reported that an insider was involved[…Read More]

Time is of the Essence

Why Raw Data is Essential “In a real investigation, a forensics expert would use another piece of software to make an exact replica of the hard drive to take back to the office to do a more intensive examination.” Quote from Deborah H. Juhnke of Computer Forensics (“What Lies Beneath: Reducing Exposure in Litigation”) Once[…Read More]

Bryant, et al v. Chicago Public Schools, et al.

Forensicon was jointly retained by Plaintiff and Defendants. Defendant Gardner submitted a printed copy of a letter dated September 28, 2007 purportedly containing information in opposition to one or more of Plaintiff’s. Defendant Gardner also submitted a sworn declaration under penalty of perjury. Forensicon created and analyzed a forensic image of Gardner’s laptop computer and[…Read More]

University Sports Publications Co. v. Playmakers Media Co.

Defendant’s Bad Faith Spoliation Leads to Adverse Inference Instruction 2010 U.S. Dist. LEXIS 70361 (S.D.N.Y. July 14, 2010) On a claim for unauthorized access of a computer system under the Computer Fraud and Abuse Act, the Southern District of New York issued an adverse inference instruction due to the defendant’s bad faith spoliation of evidence.[…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.