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Legal Tech: Early 2018 E-Discovery Case Law Review: Sanctions and the Reasonableness of TAR
Klipsch Group v. ePRO E-Commerce, Schmalz v. Village of Riverside, and In Re Broiler Chickens reinforce the distinction between sanctions based on “intent to deprive” and gross negligence, as well as defining what a reasonable technology-assisted review (TAR) process should look like. These three cases from early 2018 stand above many others for the impact they will have on both sanctions and e-discovery review processes moving forward.
Circuit Court Rules e-Discovery Sanctions Not Limited by Amount in Controversy
Klipsch Group, Inc. v. ePRO E-Commerce (2nd Cir., Jan 25, 2018)
Even with the enactment of Rule 37(e), which tries to curb when and how much e-discovery sanctions should be, the court can use its inherent authority to sanction parties as they see fit to make the non-offending party whole, regardless of the amount in controversy.
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