I don’t get to cover a story very often that originates from my hometown paper, the Houston Chronicle, but here is an interesting story about a former gun store owner being jailed for refusing to turn over the passwords to the social media accounts that used to be associated with his business.
In Malone v. Kantner Ingredients, Nebraska Magistrate Judge Cheryl R. Zwart denied the plaintiffs' motion to show cause, finding that the defendant “the plaintiffs have presented no evidence” that the defendant “destroyed, hid, or purposefully (or even recklessly) failed to produce responsive ESI” in the case.
Last year, the term “data breach” became part of the broader public vernacular with The New York Times devoting more than 700 articles related to data breaches, versus fewer than 125 the previous year. And, as we’ve discussed recently, data breaches are on the rise. However, according to a new report, almost thirty percent of data security incidents are due to human error.
In Grady v. Brodersen, Colorado Magistrate Judge Nina Y. Wang granted the plaintiff’s motion for sanctions against the defendant in part for failing to produce a computer that the defendant ultimately acknowledged that he discarded, but denied the plaintiff’s request for a default judgment sanction, opting for the less severe adverse inference instruction sanction.
If you’ve worked with computers for over three decades like I have, you remember some of the old ways we used computers to support litigation. Our colleague, Jane Gennarelli, covered some of those in her recent “Throwback Thursdays” series. But, a 34 year old software application can still be useful today.
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