Published on Security Management (http://www.securitymanagement.com)
Elsewhere in the Courts: Discovery
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A district court judge has ruled that the jury in a breach-of-contract case be instructed to draw a “negative inference” over the mishandling of electronic discovery. In the case, two former employees are suing SanDisk over ownership of a software program. At trial, SanDisk claimed to have lost the hard drives for the computers used by the two former employees despite being warned to keep all potential evidence.


A district court judge has ruled that the jury in a breach-of-contract case be instructed to draw a “negative inference” over the mishandling of electronic discovery. In the case, two former employees are suing SanDisk over ownership of a software program. At trial, SanDisk claimed to have lost the hard drives for the computers used by the two former employees despite being warned to keep all potential evidence.


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Source URL: http://www.securitymanagement.com/article/elsewhere-courts-discovery-008178

    
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[1] http://www.securitymanagement.com/sites/securitymanagement.com/files/Harkabi_v_Sandisk.pdf