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United States: 'Victor Stanley II': Judge Grimm Synthesizes ESI Preservation Law and Issues Prison Sentence for Spoliation

24 September 2010
Article by Denise E. Backhouse, Scott A. Milner, Stephanie A. Blair, Jacquelyn A. Caridad, Renée T. Lawson and Matthew A. Verga

On September 9, Magistrate Judge Paul W. Grimm rendered the sequel to his landmark Victor Stanley decision.1 His opinion in Victor Stanley, Inc. v. Creative Pipe, Inc. (Victor Stanley II)2 provides a detailed and insightful synthesis of the current state of spoliation law as it concerns electronically stored information (ESI).

The core allegations in the underlying case involved claims that Creative Pipe, Inc. (CPI) principal Mark Pappas (Pappas) and others repeatedly accessed Victor Stanley, Inc.'s (VSI's) website under a fictitious name and downloaded VSI design drawings, which CPI then presented as its own in bids against VSI....
 
 
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