The Nursing Home Pension Fund filed suit against Oracle Corporation alleging tha

Question

The Nursing Home Pension Fund filed suit against Oracle Corporation alleging that Larry Ellison, the company’s CEO, misled investors in 2001 about the true financial condition of the company. During the time of the alleged misrepresentation, Mr. Ellison was working with a biographer on his life story and there are videotapes of Mr. Ellison’s interviews with his biographer as well as e-mails between the two that discuss Oracle. Could the Nursing Home Pension Fund have access to the tapes and e-mails? Explain how. [Nursing Home Pension Fund, Local 144 v. Oracle Corp., 380 F.3d 1226 (9th Cir.)]

Explanation / Answer

In this court case against Oracle Corp. and its CEO Larry Ellison, the judge ruled that he would issue an adverse inference instruction against Mr. Ellison for his failure to preserve more than 1,500 e-mails and number of recorded videotape interviews with a biographer. It was evident that Mr. Ellison had extensive e-mails, both sent and delivered during this time; he presented only few to Nursing Home Pension Fund in the case. The e-mails have been destroyed (or deleted automatically after some time, as per company policy) and the judge ruled that the Nursing Home Pension Fund had the right to have a jury instruction when the case is heard that they can presume that what was in the e-mails was adverse to Mr. Ellison and Oracle. The judge made the same ruling with regard to the videotapes which were also destroyed. In the judgment, the judge has refused to impose sanction on Oracle and also a request for summary judgment by the Fund was denied.

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