Creative use of sanctions by the Court...Defendant failed to properly conduct searches for ESI and appointed a lay person that was a self-admitted "computer illiterate" to be in charge of their internal discovery process. Defendant missed several relevant documents which it produced to plaintiff after the trial had already concluded. The sanction resulted in a $250,000 fine, and an order stating the defendant had to disclose a copy of the Order to all plaintiff's that had sued defendant in the past 2 years, and was ordered to attach the Order to all of the defendant's first pleadings in all litigation for the next 5 years.
Writing 1000 times on the Court's blackboard (or posting it on Twitter), "I will not play games with my ESI" might have also been a good idea too.
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