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Forensics

Posted on April 27th, 2018 by ilsteam

In GoPro, Inc. v. 360Heros, Inc, No. 16-cv-01944-SI, (N.D.Cal. 2018), the Court denied Defendant’s motion for summary judgment and granted Plaintiff’s motion for sanctions. During discovery related to the parties’ dispute regarding federal and state trademark infringement and unfair competition, Defendant 360Heros, Inc., (“Defendant”) produced transcripts of two Skype conversations. GoPro, Inc. (“Plaintiff”) alleged that …

Posted on January 2nd, 2018 by ilsteam

In Law Offices of Herssein and Herssein, P.A. v. United Servs. Auto. Ass’n, No. 3D17-1421 (Fla. 3d DCA Aug. 23, 2017) the Herssein Firm (“Herssein”) sued its former client, United Services Automobile Association (“USAA”), for breach of contract and fraud. Herssein accused one of USAA’s executives of witness tampering. USAA hired Israel Reyes (“Reyes”), an …

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 …