No Sanctions Warranted for Failure to Produce “Smoking Gun” Email
March 20th, 2008
In this case involving electronic discovery and claims of misappropriation of trade secrets, breach of contract and conversion, the plaintiff sought sanctions for two claimed wrongs:
(1) defendants’ belated production of, and misrepresentations about, source code complete with developer comments; and
(2) defendants’ failure to produce “smoking gun” email, which was produced by another party who was the recipient of the email.
The remainder of this artical can be found here -
http://www.ediscoverylaw.com/2008/03/articles/case-summaries/no-sanctions-warranted-for-failure-to-produce-smoking-gun-email-where-email-system-did-not-retain-any-sent-emails/