Tips For Spoliation Claims In Trade Secret Cases

Law360 (May 28, 2020, 5:40 PM EDT) -- On April 16, a judge in the U.S. District Court for the Northern District of California determined that defendants in a trade secret lawsuit engaged in intentional, bad faith spoliation, and ordered the harshest of remedies — default judgment and attorney fees.

In WeRide Corp. v. Kun Huang, the defendant company admitted to spoliation caused by its failure to turn off the auto-delete function on company email servers and its destruction of several relevant email accounts.[1] The plaintiff sought dismissal, and the court held that terminating sanctions were justified due to the "staggering" amount of spoliation, the degree of prejudice to plaintiff,...

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