On July 12, 2016, a US Delaware District Court imposed $3,000,000 punitive sanction on Defendant due to its “high degree of fault, its bad-faith intent to deprive GN of responsive documents, and the prejudice it has caused to GN’s case — along with the difficulties it has created for GN in “getting to the bottom of the deletion story” and its (at times) unwillingness to acknowledge wrongdoing”.
In light of the evidence brought before the Court, including Plantronics’ “obfuscation and misrepresentations related to Mr. Houston’s email deletion and its investigation of it, the Court finds that Plantronics did act in bad faith, “intend[ing] to impair the ability of the other side to effectively litigate its case.”
GN Netcom, Inc. v. Plantronics, Inc., 2016 U.S. Dist. LEXIS 93299 (D. Del. July 12, 2016) is available at https://delawareintellectualproperty.foxrothschild.com…. Open PDF
Originally published on Technethics in November 2016