In trade secrets dispute, award of attorneys fees as spoliation sanction was upheld for failure to preserve electronic records and suspend automatic deletion policies.

In a matter that touches on an ever-growing area of concern for trucking and transportation companies—identification and preservation of electronic materials as potential evidence—the defendant failed to comply with a preservation request, resulting “in the loss of innumerable documents that were otherwise discoverable . . . .” The trial court awarded the plaintiff $412,939.07 in attorneys fees and costs associated with extensive hours and litigation spent addressing the spoliation issue. 

In affirming that this large award was within the sound discretion of the trial court, the appellate court found that the record validly reflected the time and necessity for the work completed and was extensively supported by the record.
 

^{Case Law Alerts, 1st Quarter, January 2022 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2022 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.}