The Law Offices of George M. Sanders recently won a significant sanction award for our client, a Plaintiff in a health care industry antitrust action, for counter-party negligence throughout discovery practice. Sanctions of just under $500,000 in favor of our client came from negligence in electronic discovery.
We discovered grave errors in the e-discovery process. While engaged in our diligent discovery practice, we discovered the electronic Personal Storage Table for one witness was for the incorrect employee. Further investigation using internal analytics showed further problems in the disclosure of other witnesses.
We engaged in an in-depth investigation of the productions and identified serious problems in the counter-party discovery practices. Through the use of proprietary analytics and forensic experts, we ultimately showed the court, at a multi-day hearing and argument on our Sanctions Motion, that the counter-party did not meet its obligations concerning electronic discovery.
The Court held we proved negligence not only in e-discovery collection but in the implementation of litigation holds on electronic information. These were highly technical violations which required a great deal of time and effort to prove.
Ultimately, our investigation paid off for our client. In its final ruling, the Court found we had proven the counter-party failed to implement the litigation hold properly, failed to ensure the export process created quality information, negligently used corrupt media to store information and could not adequately describe the collection methodology.
Our seven-month investigation and motion practice culminated in nearly $500,000 being awarded to our client and led to our inclusion in a list of 6 Ways E-Discovery Law Changed in 2017 on Law.com.