Don’t think that the new Rule 37(e) will lessen punishments if willful or intentional e-discovery misconduct occurs. Bad faith behavior will be met with sanctions, not only for the party, but for counsel as well.
The plaintiff claimed that the defendants’ improper and reckless behavior during e-discovery warranted sanctions. Specifically, the defendants did the following:
To make matters worse, the defendants’ attorney admitted to not even reviewing the discovery responses from the CEO. Based on this egregious list of activities, the plaintiff brought a motion for e-discovery sanctions.
Download the PDF version of the Arrowhead Capital v. Seven Arts Entertainment case analysis here.