Report: E-Discovery Sanctions Decisions Have Fallen Off

In the first half of the 2016, federal e-discovery sanctions’ decisions dropped off dramatically compared to several years ago, according to a new report.

Compiled by Gibson Dunn & Crutcher’s Gareth Evans and Jennifer Rearden, the mid-year e-discovery update suggests that changes to rule 37(e) — which governs the standards under which a party can seek discovery sanctions for failure to preserve evidence — have reduced the number of motions filed seeking such sanctions.

It cites a report by Kroll Ontrack that identified only 32 decisions that applied sanctions for failure to preserve evidence under rule 37(e) through the first half of the year, ...