Wednesday, January 25, 2006 7:54:39 PM
Very interesting and a surprisingly easy read (after years of Rambus court documents I feel like I could test out of the first term of law school).
In the full pdf of the court opinion there is another interesting part that I don't think you pointed me to yet. At the bottom of page 10 (pdf page 12) there begins a discussion of the need for a nexus between the document destruction and a "particular proceeding." The SC seems to be saying that a "partucular proceeding" needs to be forseen for document destruction to be a problem. Not exactly identical to the Rambus circumstances but in the time line of the shred days I think a parallel could be drawn that though there may well have been a general concern for future litigation there was now way to determine what any "particular proceeding" might be. In footnote 10, refering to the record of another case: "it is insufficient for the Government to show the defendant intended to affect some hypothetical future federal proceeding".
Integralaction
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