Tag: E-discovery

Sanctions For E-Discovery Violations: By The Numbers

Dan H. Willoughby & Rose Hunter Jones & Gregory R. Antine

E-discovery sanctions are at an all-time high.  We identified 230 sanction awards in 401 cases involving motions for sanctions relating to the discovery of electronically stored information (ESI) in federal courts prior to January 1, 2010.  We analyzed these cases for a variety of factors, including sanctioning court, sanctioning authority,… Read More »

Litigation Discovery Cannot Be Optimal But Could Be Better: The Economics of Improving Discovery Timing in a Digital Age

Scott A. Moss - University of Colorado Law School

Cost-benefit “proportionality” limits on discovery have long been prescribed by a wide range of commentators. The judiciary codified a proportionality requirement in Federal Rule of Civil Procedure 26(b)(2)(C) and later in e-discovery rules based on proportionality principles, such as the Rule 26(b)(2)(B) proviso that only upon “good cause” can there… Read More »