News & Analysis as of

Sanctions Trade Secrets Spoliation

EDRM - Electronic Discovery Reference Model

November’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published November 15, 2023 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of...more

Orrick - Trade Secrets Group

Spoliation by Self-Driving Startup Leads to Terminating Sanctions

During the course of a trade secrets litigation, neglecting to preserve electronically stored information (“ESI”) may result in a finding of spoliation. In a recent Order issued by Judge Edward Davila (United States District...more

Sheppard Mullin Richter & Hampton LLP

3 Steps in Furtherance of Avoiding Devastating Spoliation Sanctions in Trade Secret Misappropriation Litigation

Preservation of electronically stored evidence (ESI) may be critical in trade secret cases. When a dispute revolves around whether a defendant accessed and/or transmitted the plaintiff’s trade secret material maintained in an...more

Mintz

ITC Affirms Joint and Several Liability of Counsel for Payment of Monetary Sanctions Based on Client's Spoliation of Evidence

Mintz on

On April 30, 2015, the International Trade Commission issued the public version of its opinion reviewing ALJ Thomas B. Pender’s Initial Determination in Investigation No. 337-TA-883, finding the Respondents in default due to...more

King & Spalding

ITC Section 337 Update - May 2015

King & Spalding on

ALJ Lord Recommends 12 Month Delayed Relief Based On Public Interest If Commission Finds Violation Of Section 337 In 910 – On April 10, 2015, ALJ Lord issued the public version of the Initial Determination on Violation and...more

Cozen O'Connor

Spoliation Instruction But No Terminating Sanctions in Coding Trade Secrets Case

Cozen O'Connor on

The United States District Court for the Southern District of Texas declined to impose litigation ending discovery sanctions for several claims of spoliation, but does plan to issue a spoliation instruction in Quantlab...more

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