What’s more thoroughly trashed: Aaron Charney’s Biglaw career, or his computer hard drive? You be the judge.
Patricia Hurtado and Lindsay Fortado, of Bloomberg News, have filed an excellent report about yesterday’s court proceedings in the litigation between Aaron Charney and his erstwhile employer, Sullivan & Cromwell. Here’s an excerpt:
A former Sullivan & Cromwell lawyer who destroyed his home computer’s hard drive after being sued by the law firm must be questioned under oath about how and when he did it, a New York judge said.
The judge, Bernard Fried, ruled today after being told Aaron Charney, the lawyer, had computer professionals wipe the computer’s memory clean, took it home, smashed it with a hammer and threw it away. Charney’s attorney Michael Kennedy described the destruction of the computer’s hard drive to the judge.
Thanks to our time in the discovery salt mines, we know that computer forensic experts can pull off all sorts of miracles when it comes to data recovery. But in our non-expert opinion, it sounds like the Charney hard drive is history.
In this case, it’s not a matter of recovering a purportedly “deleted” file that still resides somewhere within the computer’s memory. Thanks to the hammer smashing and trashing, what’s needed here is a physical miracle, of the water-into-wine variety.
Another juicy tidbit from the Bloomberg News report: Charney was told by S&C, during settlement discussions, that they would “crush him like a bug” — delicious!!!
But bug-crushing is a tad cliched. Couldn’t the S&C lawyers have been more creative? Maybe they could have told Charney, “We will shred you into little bits, like a redlined draft merger agreement that has been superseded by a later version.”
More from Hurtado and Fortado — hey, we like the ring of that — after the jump.
Update (12:05 PM): Please note that we’ve appended a few additions and corrections to this post since it was originally published.