As 2018 comes to a close, we decided to look through the cases in Exterro’s Simplified E-Discovery Case Law Library to see which rulings resonated the most with our readers. While most observers of the courts recognize that sanctions, especially punitive ones, are less common than they have been in years past, they continue to pique the interest of legal professionals. Whether this interest is driven by schadenfreude or the desire to improve legal outcomes, e-discovery case law from 2018 included several notable cases in which the courts issued sanctions for e-discovery misconduct—and in some cases the sanctions were quite substantial.
What lessons should organizations take from these rulings? These three e-discovery best practices may appear to be common sense, but in fact may not be as common as they should.
1. Implement and follow defensible legal hold policies and procedures.
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