In E-Discovery, Ignorance Is Not Bliss

Law360, New York (May 13, 2010, 12:32 PM EDT) -- According to the U.S. Bankruptcy Court for the Southern District of New York, a lack of bad faith is no longer a defense to court sanctions for failure to produce documents in a timely manner. That court, in In re: A&M Florida Properties II, recently awarded sanctions against both a party and its counsel for the counsel’s failure to become familiar with the client’s e-mail and data-retention policies and systems — despite the absence of any bad faith or willful delay.[1]

In A&M Florida, the plaintiff,...
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