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North American Network Operators Group Date Prev | Date Next | Date Index | Thread Index | Author Index | Historical Fw: website case
FYI - ----- Original Message ----- From: "Rae Cogar" <[email protected]> To: <[email protected]> Sent: Tuesday, May 14, 2002 7:26 AM Subject: website case > Here is a recently reported case from California that found a company > guilty of spoliation of evidence by changing information on their > website during litigation. One point made by the court in this case is > there were no policies or procedures for the updating or deleting of > material from the website. You can find this opinion at: > > > http://www.cand.uscourts.gov/cand/tentrule.nsf/4f9d4c4a03b0cf70882567980073b > 2e4/cf68f686007991fa88256af1006a9e16?OpenDocument > > (you will need to cut and paste url) > > Spoliation Sanctions for Deletion of Web Page > The defendant corporation moved to dismiss for lack of personal > jurisdiction, denying minimum contacts with the state of California. > The plaintiff offered as evidence a page from the defendant's web site > that listed a California office address. While the motion was pending, > the California address disappeared from the defendant's web site. > Though one employee of the defendant testified that he had deleted the > page in routine maintenance, there was no corporate maintenance policy > that would explain the deletion. The court granted the plaintiff's > motion to enjoin further spoliation and ordered that the defendant pay > plaintiff's attorney's fees as a sanction. Pennar Software Corp. v. > Fortune 500 Sys., 51 Fed. R. Serv. 279 (N.D. Cal. 2001). > > > Another case for good records management! > > Rae Cogar, Esq. > RCS Consulting > Hamburg, NY 716-646-6192 > [email protected]
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