News & Analysis as of

Spoliation Misappropriation

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

Epstein Becker & Green

Staggering Amount of Spoliation Leads to Quick Conclusion of Trade Secrets Lawsuit

A recent decision issued by the U.S. District Court for the Northern District of California, San Jose Division, presents a stark example of what can result when a defendant accused of trade secret misappropriation is careless...more

Farrell Fritz, P.C.

Gull Wing Takes Flight, Pleading Gets Stricken

Farrell Fritz, P.C. on

In litigation, the term “spoliation” generally refers to loss or destruction of evidence. Spoliation can involve physical evidence, paper documents, or electronic data. Spoliation can be intentional or unintentional....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

Epiq

How Ephemeral Messaging Can Affect eDiscovery Compliance

Epiq on

Litigators and corporate clients must stay up to date with new technologies and be aware the legal implications that are implicit with new technologies. Lawyers also have an ethical obligation to understand the benefits and...more

Morrison & Foerster LLP - MoFo@ITC

Organik Kimya v. ITC: Federal Circuit Affirms Dispositive Sanctions For Bad Faith Spoliation of Evidence

On February 15, 2017, the Federal Circuit affirmed the Commission’s imposition of severe, case dispositive sanctions on Respondents for bad faith spoliation of evidence as well as the issuance of a 25-year limited exclusion...more

Morgan Lewis

Reducing Your Company’s Exposure to Trade Secret Litigation when Key Employees Come and Go

Morgan Lewis on

THE NIGHTMARE SCENARIO - Within the span of two weeks, Mr. Smith and Mr. Wilson, two top managers from your $2 billion corporation, resign. Both managers had complete, unfettered access to your corporation’s trade...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

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