Sanctions for eDiscovery Incompetence – Finally | eDiscovery Journal

Disdain and frustration fills the 256 page opinion from US District Judge Iain D. Johnston sanctioning defense counsel and defendant. The Gibbons Law Alert summary manages to convey some of this, rightfully calling it “a veritable Keystone Kops series of discovery errors and misrepresentations spanning several years.” Judge Johnston’s righteous ire over counsel’s ‘indifference’ and ‘incompetence’ regarding the defendant’s behavior that resulted in incomplete productions and ESI loss is a rare breath of fresh air. Every eDiscovery practitioner has encountered clients/execs who refuse to take preservation and collection duties seriously. We need more of these kind of harsh sanctions to put teeth into the risk of noncompliance.

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