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Forensics

Posted on October 6th, 2017 by ilsteam

In Barry v. Big M Transportation, Inc., No. 1:16-cv-00167-JEO (Dist. Court ND Alabama, 2017), the United States District Court N.D. Alabama, Eastern Division determined that the failure to preserve a vehicle’s Electronic Control Module in a case involving a vehicle crash constituted spoliation of the evidence. This action arises out of a motor vehicle accident that …

Posted on August 2nd, 2017 by ilsteam

Can use of computer wiping software be innocuous once litigation commences, or is such use sufficient evidence of wrongdoing to establish spoliation sanctions? The court considered this question in HCC Insurance Holdings, Inc. v. Valda Flowers, No 1:15-cv-3262-WSD (N.D. Georgia, January 30, 2017). Plaintiff sued Defendant for alleged misappropriation of trade secrets. During the course …

Posted on July 3rd, 2017 by ilsteam

In Legacy Data Access, LLC v. Mediquant, Inc., Case No. 17-00069 (W.D. N.C., May 22, 2017), Plaintiff sued Defendant in the Western District of North Carolina for various business torts after Defendant allegedly poached several of Plaintiff’s former employees.  In January 2017, Plaintiff served a subpoena upon one of its former employees, William Rowland, a …

Posted on June 16th, 2017 by

In Integrated Direct Marketing, LLC v. May et. al., Case No. 16-1032 (4th Cir.,  May 30, 2017), Plaintiff appealed the grant of summary judgment in favor of Defendants. Plaintiff sued Defendants for misappropriation of trade secrets and breach of a confidentiality agreement. Plaintiff is a direct competitor with Defendant Merkle; the two companies maintain data …

Posted on June 14th, 2017 by

In First American Bankcard, Inc. v. Smart Business Technology, Inc., et. al., Case No. 15-638 (E.D. La., May 24, 2017), Plaintiff sued Defendants for damages it allegedly incurred as a result of “deficient and defective” software designed, manufactured and hosted by Defendants. Plaintiff used the software to process cash advances and check cashing at casinos. …