Tag trade secrets

The Case of the Missing Lab Notebooks, by Michael D. Berman, E-Discovery LLC.

The Case of the Missing Lab Notebooks

In Terran Biosciences, Inc. v. Compass Pathfinder Limited, defendants sought sanctions over missing physical lab notebooks in a trade secrets dispute. The court found sanctions unwarranted because defendants failed to establish that the notebooks were lost after the plaintiffs’ duty to preserve arose. Michael D. Berman examines why establishing both the preservation trigger date and the timing of the loss can be dispositive in a spoliation analysis.

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