Harsh Sanctions for Ignoring E-Discovery Obligations

Over the past several years, attorneys and the courts have struggled with the discovery issues that arise from electronic data preservation and production. While some guidance has been provided by the courts, each case is intensely fact specific and for that reason there are simply no safe harbors to ensure against spoliation claims and sanctions. Despite the lack of clear and objective guidance, courts have increasingly been willing to impose severe sanctions for failure to properly preserve electronic data.