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Trial Judge Acts Over Hacking of Plaintiffs' Emails In Media Dispute
A New York trial court judge struck a defendant's answer in a media-based breach of fiduciary duty and unfair competition suit, after finding that 2,000 emails, including attorney-client privileged information possessed by the plaintiffs, had been hacked and stolen. Iris Media Works v. Vasisht, 652143/14.
“The hacking of plaintiffs' email during litigation can only be seen as an attempt to undermine plaintiffs' case. It is also indicative of [defendant Manish Vasisht's] disregard for the judicial process,” wrote Manhattan Supreme Court Justice Margaret Chan in a decision and order critical of Vasisht.
“While striking a defendant's answer is an extreme sanction, it is warranted here,” Justice Chan added, “as hacking plaintiffs' email to obtain information during litigation without going through proper discovery channels is an egregious act and sidesteps discovery procedures.”
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