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Federal E-Discovery: Repeated Discovery Misrepresentations Spark Novel Sanctions Review
October 3, 2023
Litigation partners Chris Boehning and Dan Toal’s latest Federal E-Discovery column, “Repeated Discovery Misrepresentations Spark Novel Sanctions Review,” appeared in the October 3 issue of the New York Law Journal. The authors discuss a recent decision in Hedgeye Risk Mgmt. v. Dale in the Southern District of New York in which the court took a novel approach when analyzing the rules that govern discovery sanctions. After repeated misrepresentations by the plaintiff and numerous motions to compel, a magistrate judge relied in part on Federal Rule of Civil Procedure 37(a)(5), which authorizes monetary sanctions when a party fails to make required disclosures and a motion to compel discovery is granted, or when requested discovery is provided after a movant has filed a motion to compel. Rule 37(a)(5) differs from Rule 37(b)(2), which is more traditionally used in sanctions analysis, in that it does not require the violation of a court order. The decision offers a cautionary tale of discovery conduct and a reminder of the importance of ensuring the sufficiency of discovery efforts. Deputy chair and counsel, e-discovery, Ross Gotler assisted in the preparation of this article.
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