Destruction of Electronic Evidence, Misconduct Lead to $1 Million Fine, Default Judgment


From an article at Buchanan Ingersoll & Rooney PC

In a February 23, 2011 opinion and order, Judge Sharon Johnson Coleman granted the motion of Trading Technologies International, Inc. (“Defendant”) for default judgment and monetary sanctions, based on misconduct by Rosenthal Collins Group, LLC (”Plaintiff”) and its counsel with respect to the preservation and production of electronic evidence. Rosenthal Collins Group, LLC v. Trading Technologies International, Inc., No. 05-C-4088, 2011 WL 722467 (N.D. Ill. Fed. 23, 2011) (hereinafter, “Trading Techs.”).

Finding that “both [Plaintiff] and its counsel acted willfully in bad faith by engaging in conduct that resulted in deception of both the opposing party and the Court, the destruction of relevant evidence, the waste of judicial resources, and the undermining of the judicial process,” the Court imposed a sanction on Plaintiff of $1,000,000 and default judgment against Plaintiff. In addition, “[f]or their part in presenting misleading, false information, materially altered evidence, and willful non-compliance with the Court’s orders,” Plaintiff’s counsel was ordered to pay the costs and attorneys fees related to litigating the motion.

The entire  article can be viewed here.

One thought on “Destruction of Electronic Evidence, Misconduct Lead to $1 Million Fine, Default Judgment

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s