Elsewhere in the Courts: Discovery

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.

Harkabi_v_Sandisk.pdf