I'm no legal eagle, but even I know that when the court orders you to produce A, B & C, you should probably produce said A, B & C. Just a thought...
Georgia Court awards plaintiff over one million dollar sanction award in e-discovery abuse case
Kipperman v. Onex Corp., N.D. Ga. Case No. 05-CV-1242 (May 27, 2009)
Take Away: Aside from the common sense advice not to engage in discovery abuses and to make good use of protective orders, this case demonstrates that a well-planned and defensible retention policy can help an organization when e-discovery is at issue. An organization that keeps everything may someday have to search “everything,” an expensive and time-consuming process. As Defendants found out here, once relevant information is retained, at minimum some efforts will have to be made to find it. Simply avoiding these efforts may result in sanctions, and fighting the discovery will result in legal fees. A well-planned retention policy can limit these e-discovery expenses.
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