In a recent article for Bloomberg Law, Hilgers Graben attorneys Scott Scheinberg, Rose Hunter Jones, and Christopher Hunchuck cautioned that lawyers who fail to take e-discovery obligations seriously may find themselves and their clients facing severe sanctions. 

The article examines a federal court decision in which both a defendant and their legal counsel were sanctioned for repeated discovery failures. The ruling required counsel to pay half the costs and fees associated with the preparation and filing of motions to compel, signaling that courts expect attorneys to maintain a high level of diligence when it comes to preserving and producing electronic evidence. 

“As digital collaboration tools become more deeply embedded in daily business operations, courts will continue to expect comprehensive, good-faith efforts to identify and produce this data,” they write.  

The full article is available on Bloomberg Law here.