Electronic Discovery and Bankruptcy: Technology, Sanctions and Lessons Learned

Abstract

This article is the last in a series of articles about electronic discovery in bankruptcy. The first article covered the basics of electronic discovery, including history, rules and resources. The second article discussed the discoverability of information found on social media sites, such as Facebook, YouTube and LinkedIn, and how these sites can be rich sources of evidence for bankruptcy cases. The third article discussed the application of electronic discovery to bankruptcy practice and examined some recent bankruptcy cases where electronic discovery issues were particularly significant. This final article will review current technologies that can assist with electronic discovery before and during litigation, describe some of the ethical duties of attorneys in electronic discovery, provide examples of cases where failure to handle the electronic discovery process properly resulted in sanctions and discuss the lessons that can be learned from these examples.