Tips For Avoiding Discovery Sanctions In Trade Secret Cases

Law360, New York (May 6, 2014, 12:51 PM EDT) -- Two recent Massachusetts Superior Court decisions in Pacific Packaging Products Inc. v. Barenboim, No. 09-4320 (Middlesex, ss.) provide trade secret litigants with important lessons about the preservation of electronic evidence. In rulings issued on Jan. 31 and April 1, 2014, the court in Barenboim found that the defendants, among other misconduct, failed to preserve and disclose in discovery electronic files and/or the devices on which those files existed, in violation of their discovery obligations and various court orders. As a consequence (among others), the court defaulted the defendants — i.e., found them automatically liable — with respect to certain claims based on the misappropriation of confidential information, and also dismissed the defendants' counterclaims against the plaintiffs....

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