The same tools and practices that help technology users maintain and administer their computer systems in an efficient and confidential manner may also be used improperly to spoil digital data and other evidence that is subject to discovery in a lawsuit. Misuse in this manner is short-sighted, improper and opens a party to legal sanctions, including contempt and monetary damages, not to mention the negative impact such conduct may have on the merits of the case.

These factors were all in play in a recent Minnesota case in which employees of the defendant tried to purposely avoid complying with a discovery request by deleting digital information and failing to enclose encrypted data. [Multifeeder Tech. Inc. v. British Confectionery Co. Ltd., No. 09-1090 (JRT/TNL), 2012 WL 4135848 (D.Minn. Sept. 18, 2012)]