SanDisk Accused Of Spoliation In Earnout Suit

Law360, New York (November 19, 2009, 2:41 PM EST) -- Two Israeli businessmen suing SanDisk Corp. in the wake of an acquisition gone sour have accused the flash memory manufacturer of erasing computer data that should have been “central evidence” in the case.

Plaintiffs Dan Harkabi and Gidon Elazar filed a motion Wednesday in the U.S. District Court for the Southern District of New York to impose terminating sanctions on the company, arguing that SanDisk should be punished for spoliation that, if not willful, at least amounts to “gross negligence.”

The two sued SanDisk in September...
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