You are viewing ARCHIVED CONTENT released online between 1 April 2010 and 24 August 2018 or content that has been selectively archived and is no longer active. Content in this archive is NOT UPDATED, and links may not function.
Editor’s Note: A Partner in the Litigation Department at Proskauer, resident in the New York office, Margaret Dale shares her observations on an eDiscovery case where both the sword and shield wielded in the ruling.
Extract from article by Margaret Dale from The National Law Review
Late last month, in Klipsch Grp., Inc. v. ePRO E-Commerce Ltd., the Second Circuit affirmed a $2.7 million sanctions award against defendant ePRO after repeated instances of discovery misconduct. Finding that the district court’s award properly reflected the additional costs plaintiff Klipsch Group Inc. was forced to bear due to ePRO’s actions, the Second Circuit disagreed with ePRO that the sanctions were impermissibly punitive and disproportionate. In an era of increasingly complex digital discovery, this case serves as both a sword and a shield: it protects litigants who pursue corrective discovery efforts to remedy an opponent’s willful mishandling of discoverable information, and it punishes litigants who flout their duties to maintain and disclose relevant information.
If you have information or offering requests that you would like to ask us about, please let us know, and we will make our response to you a priority.
ComplexDiscovery OÜ is an independent digital publication and research organization based in Tallinn, Estonia. ComplexDiscovery covers cybersecurity, data privacy, regulatory compliance, and eDiscovery, with reporting that connects legal and business technology developments—including high-growth startup trends—to international business, policy, and global security dynamics. Focusing on technology and risk issues shaped by cross-border regulation and geopolitical complexity, ComplexDiscovery delivers editorial coverage, original analysis, and curated briefings for a global audience of legal, compliance, security, and technology professionals. Learn more at ComplexDiscovery.com.
Generative Artificial Intelligence and Large Language Model Use
ComplexDiscovery OÜ recognizes the value of GAI and LLM tools in streamlining content creation processes and enhancing the overall quality of its research, writing, and editing efforts. To this end, ComplexDiscovery OÜ regularly employs GAI tools, including ChatGPT, Claude, Gemini, Grammarly, Midjourney, and Perplexity, to assist, augment, and accelerate the development and publication of both new and revised content in posts and pages published (initiated in late 2022).
ComplexDiscovery also provides a ChatGPT-powered AI article assistant for its users. This feature leverages LLM capabilities to generate relevant and valuable insights related to specific page and post content published on ComplexDiscovery.com. By offering this AI-driven service, ComplexDiscovery OÜ aims to create a more interactive and engaging experience for its users, while highlighting the importance of responsible and ethical use of GAI and LLM technologies.