In SJS Distribution Systems, Inc. v. Sam’s East, Inc., No. 11 CV 1229 (WFK)(RML), 2013 U.S. Dist. (E.D.N.Y. Oct. 11, 2013), New York Magistrate Judge Robert M. Levy found the plaintiff’s failure to take “the most basic document preservation steps”, including issuing a litigation hold – “even after it discovered the packaging nonconformities and filed this action” – constituted gross negligence. As a result, an adverse inference instruction sanction was issued against the plaintiff and the defendant was awarded its costs and attorney’s fees associated with its motion to compel.
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Kenneth Carnesi holds a Juris Doctor degree from New York Law School and a Professional Certificate in International Banking from Harvard Law School. Kenneth Carnesi is the Director of Operations and Government Sales at Anaptyx LLC and sits on the Boards of The Lazarus Organization, Monkeetech LLC and MG Madison Phillips, Inc. Mr. Carnesi has also founded CICG - Carnesi International Consulting Group, a company specializing in strategy consulting to small to mid-size businesses.
Kenneth Carnesi 
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