This issue of parties destroying or withholding e-discovery was most notably seen in the case, 維克多士丹利, Inc. 在. 創新管, In公司The Court found that the defendant did in fact destroy and withhold requested e-discovery, which resulted in Magistrate Judge Paul Grimm entering a default judgment in favor of the plaintiff. 此外, Judge Grimm stated that the defendant’s actions constituted contempt of court and he ordered the defendant to be imprisoned for up to two years unless and until he paid the plaintiff’s attorney fees and costs.

The lessons to be learned from this are:

1. businesses should prepare ahead of time to make sure all emails and electronic documents are backed up at the business/server level and not rely on individuals to do so on their computers;
2. businesses should be prepared if they become involved in litigation and work earnestly with their attorneys to follow all the proper e-discovery protocol.

Such collaborative efforts will greatly improve your ability to furnish all the necessary electronic information.

通過 電子發現: Why It Can Impact Your Law Suit | Vann & Sheridan, 律師事務所.