Electronic Discovery Law
Sanctions Ordered when Attorney Misrepresents Computer's Ability to Cull Data
GTFM, Inc. v. Wal-Mart Stores, 2000 WL 1693615 (S.D.N.Y. Nov. 9, 2000)
At a conference with the court, defense counsel made inaccurate representations about defendant's computer system capabilities, stating there was no way to cull certain data. About a year later, plaintiffs deposed a vice-president in the defendant's MIS department and discovered that the defendant's computers were, in fact, capable of providing the information sought by plaintiffs.
The court determined that, "[w]hether or not defendant's counsel intentionally misled plaintiffs, counsel's inquiries about defendant's computer capacity were certainly deficient." It stated that the vice-president was "an obvious person with whom defendant's counsel should have reviewed the computer capabilities." As sanctions, the court ordered the defendant to pay all plaintiffs' expenses and legal fees unnecessarily expended due to defendant's failure to make an accurate disclosure of its computer capabilities.
K&L Gates includes lawyers practicing out of more than 40 fully integrated offices located in North America, Europe, Asia, South America, and the Middle East, and represents numerous GLOBAL 500, FORTUNE 100, and FTSE 100 corporations, in addition to growth and middle market companies, entrepreneurs, capital market participants and public sector entities. For more information about K&L Gates or its locations and registrations, visit www.klgates.com.
Portions of this Web site may contain Attorney Advertising under the rules of some states. Prior results do not guarantee a similar outcome.
e-Discovery Analysis & Technology group at K&L Gates, offering services related to ediscovery, review of electronic documents, electronic discovery and electronic evidence discovery.
K&L Gates LLP
925 Fourth Avenue, Suite 2900, Seattle, Washington 98104-1158
p. 206.623.7580, f. 206.623.7022