In an ongoing employment dispute, the plaintiffs asked for discovery of selected data from two laptops, but instead received millions of digital documents, which the defense described as “everything” possibly related to the matter. The plaintiffs counsel, Charles Stillman, founder of Stillman, Friedman & Shechtman in New York, did what he could to manage this sudden influx of data, including soliciting estimates from discovery experts regarding what it would cost to comb the data.
Stillman says that the estimates he reviewed would have been prohibitively expensive for an employment matter worth less than $10 million. But he was very lucky. His clients happened to be computer experts and, using their own software, concluded that opposing counsel had not actually produced the requested files within the mountain of documents delivered. The court agreed, and sanctioned the defendant Sandisk $150,000 in Harkabi v. Sandisk Corp. “We simply could not have afforded to pay for the kind of investigation my clients were able to do for themselves,” says Stillman. “They were able to build their own tool to look at the data, something that would have cost too much if we’d had to pay for it.”
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