Courts Impose Severe Sanctions for Electronic Discovery Abuses

May 14, 2009
Three recent decisions—Kvitka v. Puffin Co., L.L.C., Gutman v. Klein, and In re Fannie Mae Securities Litigation—reflect an increasing willingness by the courts to enter severe sanctions, including dismissal of claims and defenses, for discovery violations involving electronically stored information (“ESI”). This update examines the decisions, which together demonstrate the importance of properly managing electronic discovery.