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To: RightOnTheLeftCoast

This is a civil suit not a criminal one. You have read between the lines here. Citrin obviously started his new competing company before he left his employment, like many employees do. All this case says is that the employer has a cause of action for destruction of data against Citrin. In this case it will be virtually impossible to assess damages for this act because the employer will never be able to establish what this data would have yielded them had it not been destroyed.


5 posted on 03/11/2006 8:29:30 AM PST by appeal2
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To: appeal2; AppyPappy

The fact that it's a civil case makes it even scarier. There are fewer checks and balances operating on trial lawyers than on cops, after all. Meanwhile, don't expect this will escape the notice of cops. An interesting and rather chilling precedent has been set regarding the interpretation of laws which will have puppies, count on it.

I understand it was not his drive. What it does is open the door for lawsuits against any of us if we erase any data on our company-owned PCs, particularly if the act is followed at a later date with a defrag operation, which can have the same impact on recoverability as use of a wiping utility. This is especially worrisome if you're in a corporate political battle with someone--a boss, a co-worker, a rival--who plays dirty. Clear your browser cache and at some later date defrag your drive-- wham, you're nailed. "You are charged with misuse of corporate assets, namely reading the ultra-right-wing FreeRepublic on your coffee break. You purposely and willfully attempted to cover up your bad acts."

Just be careful, is all. The precedent this sets is not a friendly one.


10 posted on 03/11/2006 9:51:44 AM PST by RightOnTheLeftCoast (You're it)
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