Surveying Sanctions in E-Discovery Cases in 2010 and Judicial Reactions
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Listen to Karl Schieneman, Director of Analytics and Review with JurInnov talk with the Honorable James C. Francis U.S. Magistrate Judge from the Southern District of NY since Oct, 1985, the Honorable Richard Sankovitz from Branch 29 of the Milwaukee County Circuit Court, Dan Willoughby, a partner at King & Spaulding and co-author of “Sanctions for E-Discovery Violations: By The Numbers,” and well known E-Discovery plaintiff lawyer James A. Batson from Liddle & Robinson. We will be talking about trends in the area of e-discovery sanctions. Given the variety in backgrounds the different panelists possess, this should be a very interesting and lively discussion as we try to figure out what will happen next in the world of E-Discovery Sanctions and how best to avoid them given what we know today.
Recorded 02/07/2011
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- Phase Two of Seventh Circuit Electronic Discovery Pilot Program Extended to May 2012
- Court Declines to Hold that Lack of Written Litigation Hold Allows Presumption that Relevant Evidence was Lost or Destroyed
- Court Declines to Compel Government to Contribute to Creation of Database to Ease Defendant's Discovery Burden, Recommends Application for Assistance Pursuant to Criminal Justice Act
- Court Rejects "Shifting Duty" Theory of Preservation, Denies Sanctions Absent Showing that Crucial Evidence was Destroyed in Bad Faith
- The Sedona Conference® Publishes "Database Principles"
- Defendant's Failure to Preserve Results in Sanctions, Including Order for Defense Counsel to Search All of Defendant's Electronic Media and Hard Copy Files for Responsive Information
- Court Orders Monetary Sanction of $250,000, that Defendant Provide the Court's Order to Plaintiffs in All Cases, and that Defendant File the Order in Every Case for 5 Years
- Agent's Spoliation Results in Serious Sanctions
- "Bad Faith or Culpability 'May Not Mean Evil Intent, but May Simply Signify Responsibility and Control.'"
- No Sanctions for Destruction of Data Resulting from Mistaken Belief that Computers had been Imaged