As reported in The Recorder, Apple has hired Gibson Dunn to defend a nationwide class action lawsuit brought by DLC and its co-counsel related to alleged defects in iPhone batteries, and Apple’s attempt to resolve the problem by slowing down devices with the defective batteries. Apple retained counsel shortly after DLC filed a motion for an order requiring Apple to preserve, and not destroy evidence.
“Given the ever-changing nature of Apple’s battery replacement program and the critical importance of that diagnostic data to this lawsuit, Apple should be required to preserve that data and produce it to Plaintiff’s counsel,” said Adam Levitt of DiCello Levitt in a statement. “Not doing so exacerbates the problem and further erodes consumers’ trust in Apple.”
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