“Equivocating” Defendant Avoids Sanctions For Deleted Emails

A federal court has declined to sanction a defendant who had intentionally deleted emails that he knew he was duty bound to preserve. The defendant, who was sued for violating a non-compete agreement, had deleted emails before he left the plaintiff company and went to work for a competitor in the insurance business. His answers during deposition – for example, acknowledging that he “may have” been trying to cover his tracks – were deemed by the court to be insufficient to establish that he had acted in bad faith, though the court did say it found his actions “troubling.”