Requesting Party Has To Pay For Flash Drive Forensics In Illinois Case

Network Cargo Systems USA, Inc. v. Pappas is a short eDiscovery opinion from Illinois earlier this month. The opinion’s first paragraph lays out some factual background:

Plaintiff… (“Network”), alleges that defendant Caroline Pappas, a former employee, downloaded and destroyed files from its computer system containing confidential and proprietary information, and shared that information with her new employer… As part of [a]  request [for expedited discovery], Network asked to conduct a limited forensic examination of the electronic devices in Pappas’s possession to determine whether she had transferred any of Network’s confidential information to them.

Pappas identified six devices which she had used during the specific time frame, some of which were now “in the control of [her] new employer”. The parties agreed to have an independent eDiscovery consultant come in and create images of those devices, and to split the associated costs. But then, a new development:

In April 2014, the Inspection Consultant reported to the parties that three previously undisclosed flash drives had been connected to Pappas’s personal computers during the relevant time frame… Network moved to compel production of these three flash drives. Network argues that the three “flash drives must be produced for imaging and inspection because they are and might contain relevant evidence.” Pappas opposes Network’s motion on the grounds that a search of the flash drives unnecessarily expands the scope of the expedited discovery… and creates undue additional expense that she, as an individual defendant, cannot afford.

The court agreed with Network that the flash drives ought to be reviewed, discounting Pappas’ claim that it would be “overly burdensome” to turn them over. But, looking at the timeline, the court determined that Network would have to single-handedly foot the bill:

Pappas left her employment at Network in June 2013, but the flash drives were not connected to her home devices until August 2013 at the earliest. One was connected only in January 2014. The likelihood that Pappas was using these flash drives to transfer Network’s confidential information would seem to become more remote with the passage of time. Because of the likely limited usefulness of searching the three flash drives, it is up to Network to pay for obtaining this information.

The post Requesting Party Has To Pay For Flash Drive Forensics In Illinois Case appeared first on IT-Lex.