Over the past few years, federal and state courts have rendered an unprecedented number of e-discovery sanctions orders and decisions. The trend is towards more and increased sanctions for e-discovery failures. These sanctions cases need a unifying theme and explanation; they need a model for analysis. This article presents the E-Discovery Sanctions Cube as a first effort at such an analytic tool. What is at stake is more than a theoretical exercise. Without a coherent model, we seem to learn the lessons of each case, but lack a comprehensive overview to ward off future disasters. If we can grasp the underlying dynamics of e-discovery sanction cases, we may be better able to devise a strategy to avoid e-discovery train wrecks. Indeed, our preliminary use of the E-Discovery Sanctions Cube as a teaching tool in law school e-discovery classes suggests that early dialogue between counsel and judge in Rule 16b hearings is key to the avoidance of sanctions and upholding the integrity of our system of justice.

[continued] The E-Discovery Sanctions Cube « e-Discovery Team.