Limits to the Duty to Preserve | Rogers Towers - Florida Banking Law -
JDSupra

In *AMC* opinion, decided in the Northern District of California, AMC sued
Cisco for breach of contract arising out of an alleged failure of Cisco to
deliver a particular computer connector.  As part of AMC’s discovery, they
requested data from the computer of an employee that had retired just four
days prior to the filing of the lawsuit. In accordance with a written
document retention and destruction policy, the employee’s hard drive had
been “wiped” thirty days after his departure.

The *AMC* case raises a number of novel issues. Although the data was
destroyed in accordance with an established document destruction plan, it
was destroyed after an ever important “trigger event,” which in this case
was the service of the complaint on the defendant, Cisco. On its own, this
destruction of data would support an adverse inference instruction;
however, the court held that the identity of the custodian matters in
determining whether the destruction of data falls within the scope of a
spoliation motion.


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Source:
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