eDiscovery Sanctions on the rise

Per a new article in the Duke Law Review:

“E-discovery sanctions are at an all-time high. We identified 230 sanction awards in 401 cases involving motions for sanctions relating to the discovery of electronically stored information (ESI) in federal courts prior to January 1, 2010. We analyzed these cases for a variety of factors, including sanctioning court, sanctioning authority, sanctioned party, sanction type, and sanctioned misconduct. Our analysis indicates that although the annual number of e-discovery sanction cases is generally increasing, there has been a significant increase in both motions and awards since 2004. Motions for sanctions have been filed in all types of cases and all types of courts. The sanctions imposed against parties in many cases are severe, including dismissals, adverse jury instructions, and significant monetary awards. Sanctions against counsel, although uncommon, are on the rise. All the while, the safe harbor provisions of Rule 37(e) of the Federal Rules of Civil Procedure have provided little protection to parties or counsel.”


About Gary Rylander

CEO Strategic Governance Solutions
This entry was posted in eDiscovery and tagged . Bookmark the permalink.

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