On April 28, 2023, HealthPlan Services, Inc. (“HPS”) filed a notice of data breach with the Attorney General of Maine after learning that a recent malware attack subjected confidential.
In a previous article, Litigating Spoliation Claims in Trade Secret Cases, we discussed the rise of spoliation in trade secret and restrictive covenant cases. In that article, we.
Courts are most likely to find circumstances warranting terminating sanctions where a party engaged in a multiple spoliative events. Retaining an expert for a comprehensive forensic analysis is a key first step in establishing spoliation and obtaining terminating sanctions.