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Could someone explain the process of how those emails were handed over? Is Best Buy obligated to do so, or was it a private investigation of some sort?

silentmars 14y ago
When there is a lawsuit, one of the pre-trial phases is called "discovery". During this phase, both parties can compel the other party to hand over documents and information relevant to the lawsuit.
alanctgardner2 14y ago
Likely it was a subpoena compelling them to provide the emails. I believe in Apple v Samsung there was a matter of Samsung failing to retain some emails which were relevant. In that case, the jurors were instructed to treat the deleted emails as incriminating. Edit: I was on my mobile and I couldn't confirm this. In fact, as the peer comment said, when it refers to the litigants the process is discovery. A subpoena is required to compel a third party to testify or provide documents. Discovery is normally just a give and take, unless one party objects and the court intercedes.
- makomk 14y ago
  Actually, I believe in the end the court didn't give any kind of jury instruction about the deleted e-mails in Apple vs Samsung. Apple's contention was that Samsung should've anticipated that they were about to be sued and retained any relevant e-mails even before the lawsuit had been filed, and the judge sided with Apple on this until it turned out Apple hadn't bothered to retain their own e-mails from that period either despite having actual firm knowlege they were going to file a lawsuit.
patdennis 14y ago
Through a process called discovery. Here you go: http://en.wikipedia.org/wiki/Discovery_(law) http://en.wikipedia.org/wiki/Discovery_(law)
rayiner 14y ago
When you get sued, the court supervises a process called discovery to gather facts relevant to the suit. During the process, hard drives are imaged, documents are copied, etc. The opposing party's lawyers will make requests, such as: "We want to see all of the CEO's e-mails from March to June relevant to this matter." Your lawyers will sift through the e-mails to give opposing counsel what they want. Opposing counsel will then sift through the e-mails to find dirt on you. It's by and large a cooperative process between your lawyers and the opposing party's lawyers, but its not really voluntary. If you refuse to answer a discovery request, opposing counsel can go to the judge and get a subpoena compelling you to hand the documents over. Hanging over the whole process is the threat of sanctions: for your attorneys as well as for the company. For your attorney, it is a violation of the civil rules of procedure to unreasonably refuse production requests, and it is a violation of the ethical rules to not hand over documents that are relevant and not privileged just because they might hurt your case. The former can result in sanctions, and the latter in disbarment (i.e. the professional death penalty), so while your lawyer loves you and is on your side, he will cough up the documents the other side requests. If the client refused to cooperate, the court can hold him in contempt as well.
- michaelt 14y ago
  Great post. It sounds like the penalties are severe if you are detected making omissions during discovery - but how would that actually be detected?
  - mmmmax 14y ago
    There are lots of companies focused on "electronic discovery". It's a very lucrative market. http://en.wikipedia.org/wiki/Electronic_discovery http://en.wikipedia.org/wiki/Electronic_discovery
  - tapp 14y ago
    Many of the "e-discovery" software suites out there now include digital forensics capabilities that will scan for signs of tampering.
  - rayiner 14y ago

silentmars 14y ago

When there is a lawsuit, one of the pre-trial phases is called "discovery". During this phase, both parties can compel the other party to hand over documents and information relevant to the lawsuit.

alanctgardner2 14y ago

Likely it was a subpoena compelling them to provide the emails. I believe in Apple v Samsung there was a matter of Samsung failing to retain some emails which were relevant. In that case, the jurors were instructed to treat the deleted emails as incriminating. Edit: I was on my mobile and I couldn't confirm this. In fact, as the peer comment said, when it refers to the litigants the process is discovery. A subpoena is required to compel a third party to testify or provide documents. Discovery is normally just a give and take, unless one party objects and the court intercedes.

makomk 14y ago
Actually, I believe in the end the court didn't give any kind of jury instruction about the deleted e-mails in Apple vs Samsung. Apple's contention was that Samsung should've anticipated that they were about to be sued and retained any relevant e-mails even before the lawsuit had been filed, and the judge sided with Apple on this until it turned out Apple hadn't bothered to retain their own e-mails from that period either despite having actual firm knowlege they were going to file a lawsuit.

patdennis 14y ago

Through a process called discovery. Here you go: http://en.wikipedia.org/wiki/Discovery_(law) http://en.wikipedia.org/wiki/Discovery_(law)

rayiner 14y ago

When you get sued, the court supervises a process called discovery to gather facts relevant to the suit. During the process, hard drives are imaged, documents are copied, etc. The opposing party's lawyers will make requests, such as: "We want to see all of the CEO's e-mails from March to June relevant to this matter." Your lawyers will sift through the e-mails to give opposing counsel what they want. Opposing counsel will then sift through the e-mails to find dirt on you. It's by and large a cooperative process between your lawyers and the opposing party's lawyers, but its not really voluntary. If you refuse to answer a discovery request, opposing counsel can go to the judge and get a subpoena compelling you to hand the documents over. Hanging over the whole process is the threat of sanctions: for your attorneys as well as for the company. For your attorney, it is a violation of the civil rules of procedure to unreasonably refuse production requests, and it is a violation of the ethical rules to not hand over documents that are relevant and not privileged just because they might hurt your case. The former can result in sanctions, and the latter in disbarment (i.e. the professional death penalty), so while your lawyer loves you and is on your side, he will cough up the documents the other side requests. If the client refused to cooperate, the court can hold him in contempt as well.

michaelt 14y ago
Great post. It sounds like the penalties are severe if you are detected making omissions during discovery - but how would that actually be detected?
- mmmmax 14y ago
  There are lots of companies focused on "electronic discovery". It's a very lucrative market. http://en.wikipedia.org/wiki/Electronic_discovery http://en.wikipedia.org/wiki/Electronic_discovery
- tapp 14y ago
  Many of the "e-discovery" software suites out there now include digital forensics capabilities that will scan for signs of tampering.
- rayiner 14y ago