Phillip M. Adams & Assocs. v. V., No. 05-64, 2009 U.S. Dist. LEXIS 26964 (N.D. Utah Mar. 30, 2009).
In an action involving claims of misappropriation of trade secrets, plaintiff filed a motion to sanction defendant for spoliation based on defendant’s failure to produce discovery, where a large number of documents were lost as a result of defendant’s information management practices. The court noted that there did not appear to be any backup system or data backup policy. Instead, employees were responsible for downloading important e-mails or documents to their individual computers in order to avoid the automatic overwriting of all documents due to limited space on defendant’s servers.
