Extract from Mike Hamilton's article "Case Law Alert: Lying Defendant Leads to E-Discovery Sanctions"
In this employment and breach of contract case, the plaintiff motioned for case dismissal and lesser e-discovery sanctions against the defendant for destroying data with the intent of not allowing the plaintiff to use such evidence in trial.
The defendant was subpoenaed for all documents pertaining to defendant’s former employment with the plaintiff. The defendant responded that he had no “client data, deliverables, software or work product.” But in a subsequent deposition the defendant admitted to destroying “responsive evidence located on his personal computer and in his personal cloud storage account.” Included in that destruction of evidence was an important private client list, webinar recordings and emails. Defendants contend that after the deletion they could not locate, restore or replace these items via additional discovery.
I wanted a certification that separates me from my peers. Upon discovering CEDS, I was convinced this was exactly the type of distinction I had been seeking. Since achieving CEDS certification, I’ve noticed immediate recognition from my organization, colleagues, and current and prospective clients.They acknowledge they are more comfortable working with a person who has taken time to seek such certification. CEDS has certainly been worth the small investment and should continue to beget returns for years and years to come.
Andrew Bayer, CEDS
I get bombarded with all kinds of e-discovery stuff – news, blogs and whatnot. Let me tell you, you guys send the absolute best! I send it to all my partners and sales folks. I said, who are these guys? I have to get to know them better!
Kevin Glass, CEO
As a trial lawyer, day-to-day information processing is daunting for my client service. I’ve come to rely on ACEDS to keep me on the ‘edge’ of the curve on e-discovery. It’s a source I ‘ping’ ASAP.