This week’s case covers Part 2 of the DR Distributors v. 21 Century Smoking decision from District Judge Iain Johnston in the Northern District of Illinois. Last week, in Part I, we discussed the lawyers’ violations of their ediscovery duties; this week in Part 2, Doug Austin joins Kelly Twigger to discuss the multiple bases for sanctions under FRCP Rules 26 and 37 and what lawyers need to know when deciding under which rules to seek sanctions. Further, they address what bases on which the Court declined to issue sanctions and why.
Like last week, with so much to unpack in this case, our video discussion ran long, making transcription a bit much for one blog post. Instead, click on the link to listen to Kelly and Doug Austin, eDiscovery Consultant and author of the eDiscovery Today blog, discuss the well articulated thoughts of Judge Johnston and what it means for you in advising your clients, especially when they push back on allowing supervision and management of collection.
As Kelly mentions in both Parts 1 and 2, this decision in DR Distributors will be one of, if not the, decisions of 2021. This case is a must read for practitioners, heads of legal departments and professors.
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