July Summary Of E-Discovery Court Cases

Sidley & Austin attorneys look at July court actions and determinations regarding e-discovery. Among the highlights: The Seventh Circuit upheld a $413 million default judgment based on failure to preserve and produce electronic documents. Meanwhile, in the Central District of Illinois, a plaintiff’s attempt to garner a default judgment and sanctions for the destruction and delayed production of evidence failed completely, when the court ruled there was no showing that the defendant had a duty to preserve, had acted in bad faith, or had intentionally withheld evidence. In another case, we see how failure to authenticate documents can sabotage an argument, and that it may take the form of something as simple as failing to date a website download submitted as evidence.