In litigations and investigations, e-discovery is a critical component of strategy and fact development. Businesses that give it short shrift do so at their peril. Paul, Weiss has achieved a reputation for unparalleled excellence in litigation and investigations; our e-discovery efforts are an integral part of this success.
Victor Stanley v. Creative Pipe, Inc.
September 21, 2010
On September 9, Magistrate Judge Paul W. Grimm of the District of Maryland wrote what one hopes will be the final chapter in Victor Stanley, a case that has become the poster child for e-discovery misconduct. Victor Stanley v. Creative Pipe, Inc. ("Victor Stanley II"). We do not expect litigants will see themselves in the misconduct catalogued in Victor Stanley II - misconduct that caused Judge Grimm to enter default judgment in "the primary claim" in the case, find that the defendant's "pervasive and willful violation" of court orders to preserve and produce electronically stored information ("ESI") constituted contempt of court, and order that defendant be imprisoned (for up to two years) unless and until he pays plaintiffs' attorney's fees and costs. Nevertheless, Judge Grimm's opinion offers an excellent overview and summary of the confused state of the law governing sanctions and preservation obligations that is a useful aid for any attorney seeking to keep track of the developing case law in this area.