Catalyst Publishes article by Bob Ambrogi, Esq. regarding sanctions

http://www.catalystsecure.com/blog/2011/05/irate-federal-judge-rules-that-slogged-down-search-waives-privilege/

DL, et al. v. District of Columbia  1:05-cv-01437-RCL

 The Defendant, District of Columbia attempted to produced tens of thousands of pages of email to the plaintiff on the eve of trial...the Judge was not pleased, and described the defendant's actions saying it would be like a comic telling jokes after the punch line, or a plane putting down landing gear after touching down.  The delay caused by the defense led to the Judge saying that there was a waiver of privilege of any documents that the defendant claimed it had yet to review.  
  
 In my opinion, there simply was no excuse for defense counsel's actions here....they could have sought an extension as the Court pointed out, or in the alternative, they could have explored new technologies that could have helped them locate and review the information that was potentially relevant to this case, long before finding themselves in this position.   This case is a textbook example of how to get sanctioned for not properly searching through electronically stored information, and violating obligations set forth during the discovery phase of litigation.