Extract from Michael Hamilton’s article “Case Law Alert: Deletion of Fake Google Alert Leads to E-Discovery Sanction”
Data stored in the cloud on third party repositories will continue to be a big source for requested data in e-discovery. This case demonstrates that when relevant data stored in the cloud is not preserved and cannot be recovered, you’ll likely face sanctions.
In this copyright infringement case between authors, the plaintiff filed for e-discovery sanctions based on the defendant’s deletion of a fake Google account.
The dispute arose around allegations that the defendant copied portions of the plaintiff’s novel in the defendant’s own novel. During discovery, the plaintiff requested information stored on numerous fake Google, Yahoo, and Amazon accounts, which the defendant used to post negative reviews and comments about the plaintiff’s books.