According to the ABA Journal, e-discovery sanctions have “reached an all-time high after three decades of litigation over alleged discovery wrongdoing, and lawyers are increasingly being targeted.”
Lawyers from King & Spalding conducted a study, summarized in the Catalyst E-Discovery blog and published in the Duke Law Journal, that found “sanction motions and sanction awards for e-discovery violations have been trending ever-upward for the last 10 years and have now reached historic highs.” They were able to identify 30 cases in which attorneys were sanctioned for e-discovery violations — seven of the violations occurred in 2009 alone. The study found that in 2009, 46 sanctions were granted. Prior to the 2009 high, the most sanctions awarded in a single year were five — in 2008 and 2007.
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