Fw: website case

["todd glassey" <todd.glassey () worldnet att net>]

FYI -
----- Original Message -----
From: "Rae Cogar" <rcogar () localnet com>
To: <CLCC-MEMS () MAIL ABANET ORG>
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
> rcogar () localnet com