A Wake-Up Call To Counsel Over ESI Discovery

The recent case of Brown v. Tellermate Holdings Ltd. is noteworthy for its imposition of near-terminal evidentiary sanctions, and order directing counsel and defendant to jointly pay plaintiffs’ cost of bringing motions to compel. But its important lesson is that counsel must stay abreast of continuing changes in information technologies, and critically assess client information about electronically stored information if they are to meet their duties to courts and clients.