It’s been a busy year already in the world of electronic discovery. Among other things, the first half of 2010 brought a number of new rulings related to e-discovery sanctions.
So far, litigants are seeking sanctions in fewer cases than in 2009, but sanctions are being awarded at almost the same rate, according to a mid-year update on e-discovery developments and trends by Gibson Dunn & Crutcher.
Of 103 e-discovery opinions issued from Jan. 1 – June 17 that were analyzed by GDC, litigants sought sanctions in 30 percent, or 31 cases, compared to 42 percent in all of 2009. They received sanctions in 68 percent (21) of those cases, compared to 70 percent in all of 2009.
Costs and fees associated with the discovery dispute itself were the most frequently awarded sanctions, imposed in 14 of the 21 cases in which courts imposed some kind of sanction. Adverse inference instructions were imposed in 4 cases, while other monetary sanctions were imposed in three cases.
via Compliance Week: The Filing Cabinet – » First Half Trends in Electronic Discovery Sanctions.
