Every day we are reminded that we live in a digital world by looking down at our smartphones and logging onto our computers. Though the legal field is generally slow to jump on the bandwagon of new technology, the use of technology has crept its way into the discovery process, where the production of information commonly comes from electronic sources. As easily as this information can be obtained and stored on our devices, it can also be deleted. Thus, it is extremely important that parties involved in litigation be aware of the consequences that stem from failing to preserve electronically stored information. Recently, a defendant in a case involving fraud and conversion was made painfully aware of these consequences by having a default judgment entered against it for intentionally deleting electronically stored information prior to handing it over to the plaintiff during discovery.
In its complaint, Atalian brought claims against several defendants alleging fraud and conversion. During discovery, Atalian filed a motion for sanctions against