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 no longer sending each other Christmas cards.

After a dismissal battle, the Plaintiff brought a motion to compel ESI responses and sanctions for the loss of electronically stored information.

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