E-Discovery: Sanctions Result In 35% of Decisions Addressing These Issues

Mr. Segal So Reports in Recent California Lawyer Article.

     We would like to thank Mr. Perry L. Segal, an IT executive turned e-discovery attorney and consultant, for an interesting statistic he provided in his article “E-Discovery: New Rules, Big Headaches,” published in the September 2009 California Lawyer.

     Mr. Segal reports that it’s estimated that out of all case law that addresses e-discovery issues, more than 35% result in sanctions.

     Based on this statistic, Mr. Segal suggests that practitioners tackle e-discovery with the “W5+H” approach:

  • Who should be involved?
  • What data are you looking for?
  • When are the due dates?
  • Where is the data?
  • Why is it relevant?
  • And how will you comply?
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