Electronic discovery mainly entails the electronic aspect of identifying, producing and collecting electronically stored information (ESI). The said processes are normally in response to a request for production of information in a law suit. Therefore, it is expected that individuals or entities party to a case are aware of their obligation to provide information when ordered by court. In the case of Apple vs. Samsung, Apple argued that Samsung engaged in spoliation of evidence. The case involves an allegation against Samsung that the company copied Apple’s iPhone design thereby violating the company’s patents. Apple had notified Samsung of its infringement on August 4, 2010, and on 23 rd of the same month, Samsung issued a legal hold to a small group of workers admitting the potential of litigation.
One can notice that Samsung somewhat knew that the company was under a legal threat. The legal hold towards some of the key workers is evidence enough confirming Samsung’s awareness of its infringement on Apple’s patents. Arent, Brownstone and Fenwick (2003) explained that any party in a civil litigation has a duty to preserve potentially relevant evidence that can be used in a court of law. However, presiding over the case in question, Samsung is accused of failing to perform its e-discovery obligations thereby undermining the smooth progression of the case.
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From the case in question, it becomes evident that Samsung allowed for the deletion of important information which could have been used in court. The argument is that Samsung engaged in conscious disregard for the requirement of safeguarding data when the duty to preserve arose. Furthermore, it also becomes clear that lost evidence was favorable to Apple. However, despite the facts of the case, e-discovery demands that concerned parties adhere to the duty to preserve thereby improving efficiency in courts.
Reference
Arent, L., Brownstone, R. & Fenwick, W. (2003). E-discovery: Preserving, requesting and producing electronic information. Computer & High Technology Law Journal, 19 , 131-180. Retrieved from https://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=1316&context=chtlj
