Chief Magistrate Judge Paul Grimm of the District of Maryland has produced another sterling contribution to the scholarship and advancement of electronic data discovery. In the Zubulake v. USB Warburg tradition of one lawsuit spawning multiple seminal opinions, on Sept. 9, 2010, Grimm issued a splendid analysis of the law of spoliation as it relates to e-discovery in Victor Stanley, Inc. v. Creative Pipe et al., No. MJG-06-2662 (D. Md. Sept. 9, 2010).
What will surely be known as Victor Stanley II devotes 35 of 89 pages to describing the reprehensible data destruction and dissembling that’s all-too-familiar to forensic examiners, but which Grimm labels, “the single most egregious example of spoliation that I have encountered in any case that I have handled or in any case described in the legion of spoliation cases I have read in nearly 14 years on the bench.”
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