The City of Prescott, Arizona, and its mayor, learned a harsh lesson about the failure to preserve emails and other electronic records during (and in anticipation of) litigation. The lesson has cost the city well over $100,000 in legal fees and $35,000 in court-imposed sanctions to date. (And the parties are still litigating.) It is […]
Posts Tagged ‘discovery sanctions’
Local Governments and their “In House” Counsel Not Immune from E-Discovery Sanctions
Thursday, December 17th, 2009There is an old adage among attorneys that “bad facts make bad law.” Along those lines, there may be a tendency to dismiss a recent e-discovery opinion as a case where “bizarre facts make bad e-discovery sanctions.” However, local government attorneys, particularly “in-house” counsel, and the governments they represent, ignore the lessons of Swofford v. […]