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    Ignorance is not bliss: court sanctions client and counsel for unfamiliarity with data systems
    2010-05-03

    According to the U.S. Bankruptcy Court for the Southern District of New York, a lack of bad faith is no longer a defense to court sanctions for failure to produce documents in a timely manner. That court, in In re A&M Florida Properties II, recently awarded sanctions against both a party and its counsel for the counsel’s failure to become familiar with the client’s email and data-retention policies and systems— despite the absence of any bad faith or willful delay.1

    Filed under:
    USA, New York, Insolvency & Restructuring, IT & Data Protection, Litigation, Morgan, Lewis & Bockius LLP, Motion to compel, Negligence, eDiscovery, Bad faith, Refinancing, Spoliation of evidence, United States bankruptcy court
    Location:
    USA
    Firm:
    Morgan, Lewis & Bockius LLP
    Court orders adverse inference instruction after defendants fail to preserve evidence
    2008-05-12

    Centimark Corp. v. Pegnato & Pegnato Roof Mngt, Inc., Case No. 05-708 (W.D. Pa. May 6, 2008)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bricker & Eckler LLP, Bankruptcy, Shareholder, Breach of contract, Board of directors, Federal Reporter, Discovery, Testimony, Withholding tax, Negligence, Prejudice, Spoliation of evidence, Third Circuit
    Location:
    USA
    Firm:
    Bricker & Eckler LLP
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