February 11, 2011 Articles

Victor Stanley II: An Attempt at an Analytical Framework for Spoliation and ESI Issues

U.S. Magistrate Judge Paul W. Grimm issued a detailed and thorough opinion concerning spoliation of electronically stored information.

By Beatriz Q. Richmond

On September 9, 2010, U.S. Magistrate Judge Paul W. Grimm, issued a detailed and thorough opinion concerning spoliation of electronically stored information (ESI). The case, Victor Stanley, Inc. v. Creative Pipe, Inc., 269 F.R.D. 497 (D. Md. 2010), involved two competitors Victor Stanley, Inc. (VSI) and Creative Pipe, Inc. (CPI). VSI filed a complaint against CPI, Mark Pappas, (president of CPI), Stephanie Pappas (Mark Pappas’s wife at the time), and “John Doe a/k/a/ Fred Bass” alleging violations of copyrights and patents, and unfair competition. Id. at 502. VSI alleged that CPI, through its representatives, wrongfully accessed its website using the pseudonym “Fred Bass,” downloaded design drawings and specifications, and improperly used them to compete against VSI. Id. Upon filing the complaint, the court authorized immediate discovery and VSI served limited discovery on defendants.

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