The Grimm Truth About Spoliation : Electronic Discovery Law
For willful, bad faith discovery violations, including failure to implement
a litigation hold, attempted deletion of ESI, actual deletion of ESI, and
misrepresentations regarding the completeness of discovery, the Court
recommended default judgment and a permanent injunction as to plaintiff’s
copyright claim and ordered monetary sanctions and that defendants’ acts of
spoliation be treated as contempt such that an individual defendant, the
President of Creative Pipe, be jailed for not more than two years “unless
and until” he pays the attorney’s fees and costs awarded.

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