Discovery Sanctions

News & Analysis as of

Proposed Changes to Federal Rules of Civil Procedure for ESI

With the widespread use of electronic communication methods, discovery is often the most onerous, time-consuming and costly aspects of litigation. Case law has established that a party has a duty to preserve information when...more

Be Thoughtful In Your Rule 30(b)(6) Deposition Preparation to Avoid The Threat of Sanctions

Failing to adequately prepare a corporate witness for his or her 30(b)(6) deposition can have serious consequences. In fact, courts treat an unprepared 30(b)(6) witness as a witness who simply never bothered to show up for...more

ESI Discovery Best Practices, Part 6 – Now comes the bad news … potential consequences for inadequate preservation of ESI.

Over the past year, I have blogged about ESI rules and best practices for identification, preservation and collection of ESI. In this blog I want to focus on the potential consequences for inadequate efforts in any of these...more

Proper Litigation Hold Results in Denial of Sanctions (Oregon)

Grove City Veterinary Serv., LLC v. Charter Prac. Int'l, LLC, 2015 WL 4937393 (D. Or. Aug. 18, 2015) - In this breach of contract case, the plaintiffs filed a motion for sanctions in which they alleged that the defendant...more

Failure to Engage in Basic Litigation Hold Results in Sanction (California)

HM Electronics, Inc. v. R.F. Technologies, Inc., 2015 WL 4714908 (S.D. Cal. Aug. 7, 2015) - In this trademark infringement case, the plaintiff claimed that the defendants interfered with the plaintiff’s prospective...more

Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware - Part 3

Herbert Chen and Derek Sheeler v. Robert Howard-Anderson, Steven Krausz, Robert Abbott, Robert Bylin, Thomas Pardun, Brian Strom, Albert Moyer, Jeanne Seeley, and Occam Networks, Inc., C.A. No. 5878–VCL, Oral Argument on...more

AAA Issues Revised Rules for Arbitration in Construction Industry Disputes

The American Arbitration Association recently updated its Construction Industry Arbitration Rules and Mediation Procedures, effective July 1, 2015. There are six new rules, some of which are borrowed from litigation...more

Court Grants Sanctions In Light of Reckless Failure to Preserve (Delaware)

Kan-Di-Ki, LLC v. Suer, 2015 WL 4503210 (Del. Ch. July 22, 2015). In this breach of contract case, the plaintiff alleged that the defendant engaged in suppression and spoliation of evidence when the defendant deleted...more

Get to Know the E-Discovery Changes to the FRCP

Five years ago, a group of judges and legal professionals comprising the Federal Civil Rules Advisory Committee met at Duke University to begin the discussion of potential e-discovery rule changes to the Federal Rules of...more

Court Awards The EEOC Attorneys’ Fees And Contempt Fines In Post-Judgment Discovery Dispute

In EEOC v. Northern Star Hospitality, Inc., No. 12-CV-214 (W.D. Wis.), a case we have blogged about previously here, Judge Barbara B. Crabb of the U.S. District Court for the Western District of Wisconsin imposed contempt...more

Social Media Highlighting E-Discovery Case Law for First Half of 2015

The end of June marks the halfway point for the year and is often a time for reflection on key events of the year. In e-discovery this usually translates to a review of cases that matter – those which reveal new or growing...more

Socially Aware - Volume 6, Issue 3 - July/August 2015

Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we present a “grand unifying theory” of today’s leading technologies and the legal...more

Bad Faith Needed for Court to Rule in Favor of Spoliation Sanctions (Illinois)

Charvat v. Valente, 2015 WL 4037776 (N.D. Ill. July 1, 2015) - In this employment case, the plaintiffs alleged that the defendant corporation had engaged in spoliation when it deleted certain files from its employees’...more

Court Takes Middle Ground in Balancing ESI Production Costs (Texas)

F & J Samame, Inc. v. Arco Iris Ice Cream, 2015 WL 4068575 (W.D. Tex. July 2, 2015) - In this trademark dispute case, the plaintiff raised a Lanham Act claim against the defendants’ company, claiming that the defendants’...more

AAA Revises Construction Industry Arbitration Rules and Mediation Procedures

The American Arbitration Association (AAA) has revised its Construction Industry Arbitration Rules and Mediation Procedures (Rules), effective July 1, 2015. Although some changes are relatively modest, others expand the...more

Arbitrator and Mediator. Member of AAA National Panel of Construction Arbitrators

AAA issued revised Construction Industry Arbitration Rules which took effect July 1, 2015. There are significant changes in the new rules which are intended to make the arbitration process more efficient and cost-effective. ...more

ITC Affirms Joint and Several Liability of Counsel for Payment of Monetary Sanctions Based on Client's Spoliation of Evidence

On April 30, 2015, the International Trade Commission issued the public version of its opinion reviewing ALJ Thomas B. Pender’s Initial Determination in Investigation No. 337-TA-883, finding the Respondents in default due to...more

Court Finds No Spoliation after Deletion of Emails during Routine Audit (Missouri)

Gladue v. Saint Francis Medical Center, 2015 WL 1359091 (E.D. Mo. Mar. 24, 2015). In this employment case, the plaintiff sought sanctions for the spoliation of deleted emails. After the plaintiff had been terminated from...more

Contempt Charge Vacated Based On Valid Assertion of Attorney Client Privilege - Waste Management of Washington, Inc. v. Kattler et...

Finding that a district court had not provided procedural due process to an attorney for a sanctioned party, and that the district court abused its discretion in imposing sanctions for civil contempt against the attorney, the...more

Deceptive and Evasive Plaintiffs Hit With Sanctions (DC Circuit)

Parsi v. Daioleslam, 2015 WL 525146 (D.C. Cir. Feb. 10, 2015). In this appeal from a defamation case, the plaintiff sought the reversal of sanctions imposed by the district court. At trial, the plaintiff sought damages...more

ITC Section 337 Update - February 2015

Oral Argument Fails To Shed Light On The Outcome Of Anticipated En Banc Federal Circuit Decision In Suprema – On February 8, oral argument was held before the en banc Federal Circuit in Suprema v. Int’l Trade Comm’n, Case No....more

SEC Sanctions Chinese Accounting Firms for Refusal to Surrender Documents

On February 6, 2015, the U.S. Securities and Exchange Commission (SEC) imposed sanctions against four China-based accounting firms for their refusal to surrender documents in conjunction with an investigation of potential...more

2014 E-Discovery Year in Review - "Courts continued in 2014 to endorse the use of technology to improve the efficiency and...

2014 demonstrated that management and discovery of electronic information continues to be a challenging issue in litigation. A review of 2014 court decisions also underscores the importance of litigation hold notices,...more

Plaintiffs Not Obligated to Produce Data Maintained by Ediscovery Vendor (Illinois)

Alban v. Bank of Am. Corp., 2014 WL 6704293 (N.D. Ill. Nov. 24, 2014). In this breach of contract case, the defendants sought a motion to compel and sanctions against the plaintiffs for failing to produce data...more

FINRA Panel Precludes Evidence & Awards Punitives as Discovery Sanction

An all-public panel of FINRA arbitrators entered a preclusion order and awarded $750,000 in punitive damages for Respondents’ failure to participate in discovery and disregard of pre-hearing filing requirements....more

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