Update (April 26, 2012): “The findings of the Court are against British [Confectionary Company, Ltd.,] and in no way directly or indirectly impugn the integrity, reputation or actions of British’s counsel.” (Report & Recommendation (“R&R”) at p.47) With clients like these, who needs enemies?
U.S. Mag. Judge Tony N. Leung (D. Minn.) concludes the R&R, “Unfortunately for the parties, this perilous odyssey may not yet be finished…”
Original post (November 22, 2011): Regular readers of Minnesota Litigator will be familiar with the British Confectionary v. Multifeeder case and, in particular, a lengthy discovery dispute and allegations of spoliation of evidence. Multifeeder argued as some length that its adversary had engaged in willful destruction of evidence.
The response brief is a good primer on some of the technical issues related to electronic discovery.