John Jablonski contributed “Court of Appeal Fed Circuit Examines Rambus’ Spoliation” to the e-discovery blog, EDD Update.
“In a series of district court cases from around the country, Rambus has been bludgeoned for its intentional destruction of evidence. The destruction resulted from implementation of a comprehensive records retention/destruction policy. Rambus was a relatively new company when it implemented the policy, which is when a new records retention policy should be rolled out. Unfortunately for Rambus, the policy was intertwined with its strategy to enforce technology patents. Every court that has analyzed the “real” reasons behind Rambus’ document retention/destruction policy, except one, has concluded that Rambus’ intent was nefarious. The one court has now been overruled.” . . .
To read the full post, visit EDD Update.