Self Help - Discovery Cases

From Knowledge base

Overview

Recent Self-Help Discovery Cases

JDS Uniphase Corp v. Jennings [1]

  • SOX "is not a license to steal documents and break contracts" and granted summary judgment on JDS's motion for summary judgment.

Cafasso v. General Dynamics C4 Systems [2]

  • Terminated employee removed 11GB of data and brought FCA claim; court rejected claim and upheld breach of contract claim and attorneys' fees award.

Quinlan v. Curtiss-Wright Corp.[3]

  • Although Company could have terminated the plaintiff for her removal of documents, it could not (having chosen not to terminate her for the theft) terminate her for using those documents to pursue her claims of discrimination.

Vannoy v. Celanese Corp. [4]

  • The transmission of confidential company information to the government (specifially the IRS) is a protected activity under SOX.



References

  1. 473 F. Supp. 2d 697 (E.D. Va 2007
  2. 637 F. 3d 1047 (9th Cir. 2011)
  3. 204 N.J. 239 (2010)
  4. ALJ Case No. 2008-SOX-00064 (ALJ July 24, 2013)