The proper preservation of electronic data for discovery has
become an increasing source of contention between parties. Two
recent cases illustrate the importance of mindfully preserving
electronic data during discovery.
In Gentex Corp. v. Sutter, No. 3:07-CV-1269, 2011 U.S.
Dist. LEXIS 122831 (M.D. Pa. Oct. 24, 2011), the district court
granted default judgment to the plaintiffs in a spoliation action.
Gentex Corporation sued two of its former employees, Brad Sutter
and Patrick Walko, for violating non-disclosure agreements. Gentex
claimed that Sutter and Walko copied proprietary files when they
left the company and shared them with a rival company, Armor.
In response to the suit, Armor implemented a litigation hold and
instructed employees to preserve "all paper documents and
electronically stored information concerning the Company's
relationship with Brad Sutter and his work while at the
Company." Armor also obtained a consulting firm to help
preserve documents
