Please read the below instructions and complete the assignment. I have uploaded some resources material and attached links. If you feel you need additional resources use as many as you feel you need. If you have any questions please let me know.
Read the hypothetical below and answer the questions that follow. Review the Unit 2 resources and conduct further research as needed. Please limit each answer to one paragraph and utilize size 12 font, doubled spaced. Your document should be no more than 3-4 pages. APA and MLA formatting is not necessary, but please put your name, course name, and date at the top of the document on the first page only. If you use acronyms, be sure to spell out the term initially [ex: electronically stored information (ESI)]. If you cite an FRCP rule, please cite the rule number and subsection. Submit the document in Word or PDF format to the Assignment area for Unit 2.
A key company employee leaves to go work for a competitor. The key employee entered into a binding nonsolicitation agreement with the company as a condition of his employment, and that agreement lasts for one year after termination for any reason. A few weeks after he starts with the competitor, the company begins losing its long-term customers to the competitor and believes the key employee may be soliciting them to leave. The company decides to sue the competitor and former employee for unfair and deceptive trade practices and misuse of trade secrets (and intellectual property).
What information might the attorneys want to seek from the opposing parties at the FRCP 26(f) meet and confer conference? (Note: we are not asking for “evidence” at this stage.)
When considering Rule 34 requests, what might the attorney ask for, and how could you assist the attorney in preparing these requests? Consider the EDRM model (Links to an external site.) to organize your thoughts and planning on this topic.
In response to our Rule 34 request to produce, the opposing side states they do not save email longer than 24 hours after it has been read. What rule might protect them from turning over data that was purged, and under what circumstances might the same rule be used against them? Feel free to elaborate and assume facts (so long as those facts are explained).
Describe the attorneys’ obligations under Rule 11, generally, as it relates to this lawsuit.
Assume the attorneys want to allege the competitor hired the key employee specifically to lure away those customers, but they have no evidence of that (yet). With regard to the attorneys’ ethical obligations, discuss the distinction between an allegation to be proven during discovery and a “frivolous” claim.
Federal Rules of Civil Procedure (Read rules 11, 16, 26, 34, 37, & 45): https://www.uscourts.gov/sites/default/files/civil-rules-procedure-dec2017_0.pdf
Read “eDiscovery Cases That Defined 2018” found here:
https://www.logikcull.com/blog/the-most-important-ediscovery-cases-of-2018 (Links to an external site.)
Abuse of discretion regarding forensic imaging: https://www.ediscoverylaw.com/2008/06/sixth-circuit-finds-demonstrable-abuse-of-discretion-in-trial-courts-order-requiring-forensic-imaging-of-state-owned-and-privately-owned-computers-by-plaintiffs-computer-expert-with-assistance-from/ (Links to an external site.)