Lessons On Avoiding E-Discovery Violations And Sanctions

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By Michael Fox and David Cohen (April 27, 2022, 2:59 PM EDT) — The volume of electronically stored information in business continues to increase, and that presents a growing challenge for litigation parties and counsel to identify, preserve and produce relevant data.

This article will discuss ways that practitioners can help ensure that their clients are meeting their electronically stored information preservation obligations, in light of several federal decisions issued in the first months of 2022.

By guiding clients to take sufficient steps to meet their preservation obligations, counsel can reduce the risk of costly and time-consuming discovery disputes, motions and the potential for discovery sanctions.

Federal Rule of Civil Procedure 37(e)

Federal Rule…

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