Tag Archives: Judge David Herndon

Counsel Scalded by Federal District Court’s E-Discovery Opinion.

21 Saturday Dec 2013

Posted by in Cell Phones, E-Discovery, Evidence, Federal District Court Rules, Legal Technology, Litigation Hold, Requests for Production, Sanctions, Sanctions, Trial Tips and Techniques

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Perils of E-Discovery Reflected in Sanctions Opinion, by Gareth Evans, a litigation partner at Gibson Dunn, Law Technology News

http://tinyurl.com/kcksw5v

Lest anyone think that hair-raising e-discovery sanctions opinions are a thing of the past, U.S. District Judge David Herndon of the Southern District of Illinois issued a blistering 51-page opinion (PDF) imposing nearly $1 million in punitive sanctions on the defendants in In re Pradaxa Products Liability Litigation on Dec. 9, 2013, and indicated that more sanctions are almost certainly on the way.

The case is an example of how electronic data discovery generally, and implementing legal holds in particular, can be fraught with peril.