Re: Vanish: Self-destructing digital data

[David Farber <dave () farber net>]

Difficult in the extreme  djf

Begin forwarded message:

From: Randall <rvh40 () insightbb com>
Date: July 23, 2009 9:20:07 PM EDT
To: dave () farber net
Subject: Re: [IP] Re:      Vanish:  Self-destructing digital data

If a litigant finds out that another Party purposely destroyed  
evidence, he will ask for (and should receive) a Spoliation  
Instruction, by which the judge tells the jury to assume that the now- 
missing evidence was "as damaging as possible" to the Party that  
intentionally caused the evidence to be unavailable.

It is VERY difficult to defend a party against whom such an  
Instruction is given (and rightly so).

On Jul 23, 2009, at 8:34 PM, David Farber wrote:



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