Anyone remember this? Back in December 2008, I warned that someday, eDiscovery misconduct would result in a bad actor going to jail. Well, we've arrived at that point. Judge Paul Grimm deemed Defendant's spoliation misconduct so serious that if he doesn't immediately pony up for Plaintiff's attorney fees and costs, he faces two years in prison.
As I mentioned last week, I've been tied up in trial, so I'm going to send you to Ralph Losey's excellent (as always) post about the case.
As someone who has personal experience with attorneys hiding the EDD football, I'm all for this ruling.
Note: I included this post in the "Criminal Liability" category because I believe it's an important read to anyone researching the subject; but this isn't a criminal sanction. I just want to make that clear.