Fewer eDiscovery sanctions awarded in 2010, report finds

Contributed by Roumiana Deltcheva (Jeudi, 23 décembre 2010) | Category : eDiscovery

Judges awarded fewer sanctions in eDiscovery cases this year, according to a recently published report from Lexology, a resource for corporate counsel and legal teams.

Sanctions fell slightly compared to 2009 figures, according to the report. This year, sanctions were sought in 79 of 209 cases and awarded in 49 cases - 62 percent of the cases in which they were requested, and 23 percent of all eDiscovery.

By comparison, sanctions were sought in 42 percent of 208 cases last year, and levied in 70 percent of such cases. They were granted in 30 percent of all eDiscovery cases.

Also, the Lexology report revealed monetary fines and fees were the most common sanction. They were awarded in 60 percent of cases resulting in sanctions. Terminating sanctions, adverse inferences and the sanctioning of counsel decreased this year.

Several recent studies have examined sanctions in eDiscovery cases. One, conducted by an information management firm, revealed that sanctions were addressed in 49 percent of 84 cases studied. Sanctions were awarded in 39 percent of those cases.