B&L Associates

eDiscovery sanctions on the rise, study finds

January 21, 2011

Though the original purpose of eDiscovery was to simplify litigation, a recent report found lawyers are being sanctioned for electronic discovery violations more than ever.

According to a study conducted by attorneys at King & Spalding and reported by the Duke Law Journal, in 401 cases where sanctions were sought, 230 were awarded, with nine totaling $1 million or more.

The most common violation cited was failure to preserve electronic evidence, the study found, suggesting that companies are failing to meet data compliance regulations pertaining to eDiscovery.

Sanctions for eDiscovery violations are most common in employment, contract and intellectual property cases, the study found. However, sanctions are on the rise in all courts and types of cases, including tort, bankruptcy and civil rights cases.

With the rise of sanctions for eDiscovery violations, businesses both large and small are expected to preserve and produce electronic evidence better. One solution for ensuring compliance is to implement tape management software, which enables companies to keep track of their information and storage devices.