e-Lessons Learned

Fernando M. Pinguelo, founder of e-Lessons Learned,partner of the law firm Norris McLaughlin & Marcus, P.A., and Co-Chair of its Response to Electronic Discovery and Information (REDI) Group, and Robert Kleeger, Managing Director of The Intelligence Group, conducted a webcast titled: eData & Information Security: Friend or Foe?, on August 19, 2009, at 2:00 PM EST. The webcast was presented by the Association of Corporate Counsel (ACC) and sponsored by Meritas. Julienne W. Bramesco, General Counsel for Colonial Parking, moderated the one-hour webcast.

“Data and information security is simply the ongoing process of ensuring that data and information systems are kept safe from unauthorized access, use, disclosure, destruction, modification, disruption or distribution. Now, more then ever, we live in a world were an enormous amount of information is created, exchanged, and stored electronically. With this proliferation comes the daunting task and legal obligation to keep the data and information safe, secure, and accessible,” explained Pinguelo.
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Vanegas Sr. of Vanaire, Inc. ordered his employees to delete any software on Vanaire, Inc.’s computers that was not purchased and owned by Vanaire, Inc. Vanegas Sr. anticipated a lawsuit by KCH Services, Inc. (“KCH”) and deleted the software knowing the downloaded software would be crucial to the discovery process of that lawsuit. KCH filed a motion for default judgment, sanctions, or adverse-inference instruction due to spoliation of evidence, refusal to provide discovery and tactics to block or impede discovery.

In October 2005, KCH President telephoned Vanegas Sr., because he believed Vanaire was using KCH’s software. Ten years prior, Vanegas Sr. was involved in litigation with KCH and knew of KCH’s willingness and ability to file suit. Despite this past experience, after receiving the telephone call, Vanegas Sr. ordered all of his Vanaire employees to delete any software used on Vanaire computers that he did not purchase.

One month later, November 23, 2005, KCH filed a complaint, and on December 14, 2005, KCH sent an evidence preservation letter to Vanegas Sr. Continue reading »

In 2001, Bonnie Van Alstyne alleged that her boss at Electronic Scriptorium Limited (“ELS”), Edward Leonard, sexually propositioned her. Shortly after she declined those advances, she was terminated by ELS. Van Alstyne then sued Leonard and ELS for (1) sexual harassment under the Equal Employment Opportunity Act, (2) unemployment benefits under the Virginia Employment Commission and (3) unpaid commissions. This blog isn’t about any of that.

ELS responded by filing its own charges in Virginia state court alleging business torts against Van Alstyne. In a 2006 deposition, ELS used emails from Van Alstyne as exhibits. The problem was that the emails were not from her business account, but her personal AOL account. (This is really the only problem in this case. If Leonard would have stopped opening up his employees email accounts, I wouldn’t have to write anymore. But since I already started…). Concerned that her privacy was invaded, Van Alstyne later deposed Leonard, who admitted to breaking in to her personal email account after she left ELS. Continue reading »