n Automated Solutions Corp. v. Paragon Data Systems, 2014 U.S. App. LEXIS 11918 (6th Cir. June 25, 2014), the United States Court of Appeals for the Sixth Circuit provided a close examination of the standards required for the imposition of severe sanctions for failing to preserve evidence. The case involved a dispute between two software companies over the development of software code. Essentially, the plaintiff Automated Solutions (“Automated”) accused Paragon Data Systems (“Paragon”) of utilizing Automated’s code to develop a competing software program. Automated filed a motion for sanctions seeking a default judgment against Paragon for Paragon’s failure to preserve a server and two hard drives utilized in the development of the competing software as well as computer backup tapes. The district court concluded that Paragon was negligent in failing to preserve the materials, but that there was no evidence indicating that Paragon acted with any willful or malicious behavior. Instead of imposing sanctions, the court indicated that it would consider the issuance of an adverse inference instruction against Paragon at trial. After Paragon prevailed on summary judgment, Automated appealed to the Sixth Circuit.
If the deck wasn’t stacked enough, federal rules also meaningfully chill defendants from testifying.
Some lawyers are best-served beavering away in the firm where they have worked since law school. For most legal careers, though, there come inflection points where a change of job can open a whole new world of opportunity. Recognizing whether your career has reached such an inflection point, and then knowing whom to trust to help […]
How did fingerprinting come to be a standard and accepted practice in criminal cases?
* Everything you wanted to know about the Breaking Bad prequel, Better Call Saul. [Latin Post]
* Well, we made fun of him in the past, but now Rob Greenstein has been sworn into office by none other than Hillary Clinton. Good for him. The ads were still stupid, though. [New York Personal Injury Blog]
* Really, Seattle? Blow dart attacks? [Seattle Times]
* Clay Aiken is thinking about running for Congress? Bad move, bro. Ruben Studdard has that district locked up. [Roll Call]
* It’s a very civil world where evidence spoliation earns you a nice compliment from the judge. [IT-Lex]
* Joe was on Legalese It! on HuffPo Live to discuss everything from gay marriage to threats made against the President. And you get to see Joe forget the name of Mail Goggles. Video embedded below… [HuffPo Live]
* Former U.S. Attorney Neil H. MacBride will be joining Davis Polk as a partner in the firm’s white-collar defense practice. Nice work, DPW — he’s actually kind of cute. Earn back that rep! [DealBook / New York Times]
* Matthew Kluger, most recently of Wilson Sonsini, was disbarred in D.C. following his insider trading conviction. His criminal career apparently began while he was still in law school. Sheesh. [Blog of Legal Times]
* Kent Easter, he of the “I am but a spineless shell of a man” defense, was just on the receiving end of a mistrial. It seems the jury was totally deadlocked. Guess they felt bad for him. [Navelgazing / OC Weekly]
* The Iowa Law Student Bar Association supports the school’s decision to cut out-of-state tuition by about $8,000 because to stand against such a measure would be absolutely ridiculous. Congratulations on not being dumb. [Iowa City Press-Citizen]
* Apple won more than $290 million from Samsung in its patent infringement retrial. Siri, tell me what the fifth-largest jury award in the U.S. was in 2013. OMG, I didn’t say delete all my contacts. [Bloomberg]
* The trial for James Holmes, the shooter in the Aurora, Colorado movie theater massacre, was delayed by a judge until further notice. A hearing has been scheduled to reassess the situation in December. [CNN]
* Myrna S. Raeder, renowned expert on evidence and criminal procedure, RIP. [ABA Journal]
A federal judge tells prosecutors to use Photoshop to remove an item from a picture. But is changing the totality of the image the same as excluding prejudicial evidence?
* The night of the Benghazi attacks, President Obama was high on cocaine and having gay sex. Sure, this seems totally reasonable. [Examiner]
* Singapore does not f**k around with sentencing. A professor faces up to five years in jail for each of six charges of corruption arising from consensual sex with a student. [Law and More]
* “Brooklyn D.A.” survives an injunction. But apparently it kind of sucks. [TV Newser]
* An unfortunately accurate story of a chickens**t legal dispute. [Legal Juice]
* An interview with a biochemist going to Yale Law School. [Science to Law]
* Testimony elicited from superheroes may not be admissible. [Law and the Multiverse]
SCOTUS didn’t issue a health care opinion, but for a certain kind of lawyer, a very important opinion was issued today, instead…
Studies have found that 63 million Americans qualify for Legal Services Corporation-funded civil legal assistance. These lower-income persons may have serious legal needs, and when they do they completely mess up the courts smooth operations. In a survey of trial judges, more than 60% of the judges reported that unrepresented litigants had errors in procedure. 78% […]
Professor Nesson at Harvard Law is all about the existential experience of thinking deeply (or casually) about law — and he’s doing it at a school that confers the very tangible benefit of high-paying, prestigious jobs to all who want them. So, strap yourselves in: two questions, 500-word limit per answer. Have fun, kids….
The practice of “oversharing” on social networks has been a boon for law enforcement. Investigations regularly involve checking out people’s Facebook, MySpace, and LinkedIn profiles. Thus, it’s probably unwise to post about your involvement in a crime. Or about threatening a witness set to testify against your boyfriend. While investigating Antoine Griffin, a murder suspect […]
It’s nearly August. But at Harvard Law School, administrators are still trying to sort out what happened with Professor Bruce Hay’s spring Evidence course. Not that grades matter all that much at HLS. The most important part of an HLS student’s transcript is the part at the top that says “Harvard Law School.” Heck, the […]