Hotwire Gets Defense Win After Spoliation Finding
As bookends to a defense verdict in what started as an $82 million breach of contract claim against Hotwire Communications, a federal judge first granted spoliation sanctions and later doled out $110,000 to Hotwire under the newly amended Federal Rules of Civil Procedure.
The series of events in DVComm v. Hotwire Communications happened over the course of several rulings and a jury verdict last month, ultimately finding Hotwire did not breach a nondisclosure agreement with telecommunications consultant DVComm when Hotwire entered the Atlanta market years after DVComm said it gave Hotwire the blueprint to do so.
Hotwire's counsel, Daniel Rhynhart and Daniel Morris of Blank Rome, said DVComm had argued it was cut out of Hotwire's 2013 entry into the Atlanta market despite giving Hotwire a confidential plan on how to access the Internet, cable and phone market in the city back in 2010. DVComm was seeking $82 million in damages for the money Hotwire made in Atlanta and any future earnings from that market, Rhynhart said.
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“Defense Win After Spoliation Finding in Telecom Beef,” by Gina Passarella was published in The Legal Intelligencer on March 5, 2016.