Gutman v. Klein, Case No. 03-Civ. 1570 (BMC), 2008 WL 5084182 (E.D.N.Y.) (Dec. 2, 2008) approving Report & Recommendation, 2008 WL 4682208 (Oct. 15, 2008) provides an excellent discussion of spoliation and consequent sanctions in the context of electronic discovery.
The defendant searched for and downloaded software to wipe his hard drive of evidence relevant to the case. Instead of using the data wiping software, the defendant manually deleted files. Then he reinstalled Windows XP, presumably to cover his tracks. Stroz Friedberg did a forensic examination of the laptop. Much of the spoliation evidence was identified through Stroz Friedberg’s analysis of file system meta data, file meta data, and system logs.
Based on this spoliation, the magistrate judge recommended a sanction of default judgment against the defendant and a sanction of attorneys fees related to the discovery.
An excellent resource.
Hat tip: Electronic Discovery
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