Smoking Gun Slack Exchange Among Reasons for Default Judgment for Defendants: eDiscovery Case Law

In Red Wolf Energy Trading, LLC v. BIA Capital Mgmt., LLC, No. 19-10119-MLW (D. Mass. Sept. 8, 2022), Massachusetts District Judge Mark L. Wolf granted the plaintiff’s Second Motion for Sanctions and awarded a default judgment sanction against the defendants for “repeated” discovery misconduct, including failing to produce a smoking gun Slack exchange.

Case Discussion

In this case involving misappropriation of trade secrets by an employee of the plaintiff who allegedly used the plaintiff’s proprietary software to place mock trades on behalf of defendants, Judge Wolf began his order (that was so long, it needed a table of contents) by stating: “this case has generated more meritorious motions to compel and for sanctions against defendants for failure to produce documents than any other case in which this court has presided in more than 37 years.”

Read the rest of the article by Doug Austin here.

Written by Andrew

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