Post Process

Everything to do with E-discovery & ESI

(Pre)serve and Protect [yourself]

Posted by rjbiii on December 5, 2007

Eric Sinrod, a partner at Duane Morris, has posted a story highlighting a case that we have featured in our case blurbs: APC Filtration, Inc. v. Becker. Entitled Dude, what happened to my PC?, Mr. Sinrod discusses describes the action:

The defendant founder of the competing company, within days of receiving the plaintiff’s complaint, disposed of his computer. He did so by taking the device 20 miles away to a construction site to get rid of it in a dumpster.

Doesn’t look good, does it? The defendant founder argued that his conduct was proper because he had been told that his computer had crashed and that it was beyond repair.

The judge did not buy this excuse and found that the founder’s conduct was in bad faith. The judge also determined that this conduct violated a court order that required production of all records of communications with the plaintiff’s former supplier and prospective customer–records that may have been contained on the disposed and destroyed computer.

He then uses this story to discuss the general issues associated with preserving data and penalties associated with failing to adequately do so.

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