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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
    A warning to financial institutions: failure to issue a litigation hold may have serious consequences
    2013-05-03

    As electronic discovery has become more prevalent and voluminous, national standards for the preservation of evidence have evolved dramatically in the past decade. Through a proliferation of electronic discovery orders involving discovery compliance, courts have addressed when the duty to preserve evidence arises, signifying a party’s duty to issue a “litigation hold.” Courts have not answered, however, whether a party can withhold documents generated before issuing a litigation hold on the basis of work product protection.

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Insurance, Litigation, Frost Brown Todd LLP, Work-product doctrine, Discovery, Motion to compel, eDiscovery
    Authors:
    Maureen A. Bickley
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    ABA interim report on ESI in bankruptcy cases
    2012-06-28

    On March 15, 2012, the American Bar Association’s Electronic Discovery (ESI) in Bankruptcy Working Group (the “Working Group”) published an interim report addressing certain principles and suggested best practices for electronic discovery in bankruptcy cases (the “Interim Report”). The Working Group was formed to study and prepare guidelines or a “best practices” report on the scope and timing of a party’s obligation to preserve ESI in bankruptcy cases.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Liquidation, eDiscovery, American Bar Association
    Authors:
    Melinda Lackey , Anna Lamut , Martin Geagan
    Location:
    USA
    Firm:
    Winston & Strawn LLP
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