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Doug Austin, CloudNine: Court Recommends Finding of Intent to Deprive for Defendant’s Lost Texts

Wednesday, July 31, 2019   (0 Comments)
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Extract from Doug Austin's article "Court Recommends Finding of Intent to Deprive for Defendant’s Lost Text Messages: eDiscovery Case Law"

In this case filed against a former employee over breach of contract for promoting and selling a competitor’s products within his former territory, the plaintiff notified Defendant Kormanis in March 2018 (through counsel) of its “concern[ ] that [his] new position with Alphatech will lead to … violation[s] of his contractual obligations with Ino[S]pine” and advised him “to refrain from the destruction of relevant evidence … including … texts … and to take steps to preserve all such information”. 

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