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E-discovery: You can’t blame third parties for e-discovery errors

Courts have repeatedly imposed sanctions on businesses for discovery failures, regardless of a vendor or consultant's mistakes

As litigants and their attorneys have become increasingly more reliant on third-party consultants and vendors to assist with the identification, collection and production of electronically stored information (ESI), it is important for in-house counsel to remember that courts will ultimately hold the party and/or its attorneys accountable for discovery failures—even those attributable to a vendor/consultant’s errors.

While there are not many court decisions on this topic, substantially all (if not all) of the small reported decisions that have confronted the issue indicate that courts will impose sanctions on a party for discovery failures caused by that party’s outside vendor.

Contributing Author

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Franklin Zemel

Franklin L. Zemel is a partner in the Fort Lauderdale office of Arnstein & Lehr LLP, where he is a member of the firm's Litigation...

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Contributing Author

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Brett Duker

Brett Duker is an associate in the Fort Lauderdale office of Arnstein & Lehr and a member of the firm’s Litigation Practice Group. He focuses...

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