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[…]

Read more

Lions, Tigers & Bears: Failing to Preserve ESI, Search Terms and Forensically Imaging Computers

In Treppel v. Biovail Corp., 2008 U.S. Dist. LEXIS 25867 (S.D.N.Y. 2008) the Plaintiff brought an action alleging a smear campaign against him. The Defendants in turn claimed the Plaintiff defamed their CEO and caused their stock to drop in value.   No matter what the truth is, these parties are[…]

Read more

The Missing Link: A Duty to Preservation Imbedded Images & Hyperlinks?

Paleontologists have searched for the missing link, the remains of an transitional life form, showing a state of evolution.  Lawyers today continue the quest for missing links, but not for transitional life forms, but inactive hyperlinks to websites. The Plaintiff in Ferron v. Echostar Satellite, LLC, 2009 U.S. Dist. LEXIS 66637 (S.D.[…]

Read more

What Litigation Hold? Failing to Image Hard Drives and Other Discovery Mistakes

Plunk v. Vill. of Elwood, 2009 U.S. Dist. LEXIS 42952 (N.D. Ill. May 20, 2009) is a civil rights case with a summer time trial date against a local government, village officials and the police department.  The Plaintiffs took the Defendants to task for failing to image six hard drives[…]

Read more

Who Delivers a Litigation Hold Notice to the Post Office?

Procedural Overview A mail clerk sued the United States Post Office and settled her lawsuit 1999.  The Plaintiff sued the Post Office again, claiming the Defendants engaged in a campaign of harassment. The Plaintiff brought a second lawsuit for violations of Title VII and breach of contract. Phillips v. Potter,[…]

Read more