News and Events for Attorneys and Executives

Defendant Company Faces Bad Faith Discovery Spoliation Tag

Plantronics faces a big hurdle in its upcoming trial on a competitor’s accusations that it used “monopolistic” power to control the market for telephone headsets: how to explain to a jury that its employees deleted potentially crucial emails, reports Bloomberg Law.

A federal judge concluded last July that Plantronics had engaged in bad faith discovery spoliation, and demonstrates the far reaching consequences of discovery. The presiding judge said at the time he would instruct the jury that “it may — not that it must” presume that the deleted emails — some of which were never recovered — were unfavorable to Plantronics, writes reporter Gabe Friedman.

The trial is scheduled for October.

Read the Bloomberg article.


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