In one of her landmark Zubulake decisions, now retired U.S. District Judge Shira Scheindlin, in the midst of quoting novelist Philip Roth, memorably wrote, “Lawyers and their clients need to communicate clearly and effectively with one another to ensure that litigation proceeds efficiently. When communication between counsel and client breaks down, conversation becomes ‘just crossfire,’ and there are usually casualties.”

Citing to this Zubulake decision, but to the more prosaic quote that “counsel is responsible for coordinating her client’s discovery efforts,” a district court recently determined that counsel’s failure to reasonably supervise an electronic document search by its client’s employee was a sanctionable violation of Federal Rule of Civil Procedure 26(g).

‘Rodman v. Safeway’

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