Nothing Says “Bad Faith” Like Throwing a Laptop off a Building

Is entering a default judgment against a party for destroying a laptop excessive and unduly harsh?  Not in Utah.  Daynight, LLC v. Mobilight, Inc., 2011 UT App 28, P2 (Utah Ct. App. 2011). Daynight involved a destroyed laptop and what was the appropriate sanction for the destruction of evidence.  Certainly[…]

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When HR Pros Go Bad: Spoliation & Personal Identifiable Information

A HR professional emailed to his home computer the personnel files of 68 employees when he feared layoffs were coming.  That is only the beginning of a really ugly fact pattern. The data included past and current employee names, social security numbers, date of births, compensation, and addresses.  The former employer[…]

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The Low Speed Chase that Gives Us Admissible Cell Phone Photo after a Warrantless Search

A police officer stopped a car driving with a flat tire, cracked windshield and its bright lights on.  People v. Gorostiza, 2009 Cal. App. Unpub. Lexis 9494 at *1.   The passengers might have been hoping, “There is nothing to see here.”  After stopping the car with the Defendant and two passengers,[…]

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BlackBerry Boo-Boos: How to Get the Judge to Text You Adverse Inference Instructions

Southeastern Mechanical Services, Inc., v Brody, et al., is the story of how wiping the data off your BlackBerry can result with the Court having you drawn and quartered.  Not with horses, but with adverse inference instructions. In a trade secret case where Individual Defendants left the Plaintiff’s company and[…]

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