Case Studies

SunBlock Systems Helps Helps Client Defeat Motion for Sanctions Based on Spoliation of Evidence

The Client:

A small medical equipment manufacturer

The Scenario:

A small medical equipment manufacturer becomes subject to a lawsuit by a larger competitor. As part of discovery, the client opts to collect documents using internal IT resources. The document collection process was faulty in which data sources were not properly preserved. Following the initial production of documents, Plaintiff alleges spoliation of evidence by the client’s CEO and employees. The court grants an order allowing Plaintiff’s forensic expert to inspect the client’s IT system. Plaintiff’s expert issues a 108 page declaration detailing numerous irregularities, deleted documents and lost computers. The client faces a motion for sanctions based on spoliation of electronic evidence.

The Investigation:

SunBlock Systems conducts a comprehensive review of all data and systems described in the opposing expert’s declaration. Employees involved in the discovery process are interviewed and their activities properly documented. After a detailed analysis of all systems, SunBlock Systems refutes and disproves all of the spoliation allegations in a 35 page declaration. The Plaintiff’s seemingly strong allegations, such as the deletion of almost 50,000 files, are invalidated.

The Benefits:

As a result of SunBlock’s examination and expert testimony, the court was “unwilling to reach the conclusions requested by [Plaintiff]” and denied the motion for sanctions. Forced to proceed only on the facts of the dispute, the Plaintiff settles on favorable terms and drops the litigation against the Client.