There are many variations of the farmer’s maxim that a drought will hurt but a flood will kill you. In e-discovery terms, the “drought” is the under-collection of electronically stored information or the under-production from collected materials.
The former has led to the extreme sanction of adverse inference instructions, see, e.g., Zubulake v. UBS Warburg, 229 F.R.D. 422 (S.D.N.Y. 2004), while the latter usually results simply in an order compelling production, see, e.g., Treppel v. Biovail Corporation, 233 F.R.D. 363, 374-376 (S.D.N.Y. 2006).
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