The consequences for failing to properly manage e-discovery in complex litigation continue to rise. Recent court decisions are notable both for the courts’ readiness to specifically identify the errors of outside counsel as well as the severity of the sanctions imposed for such failures. In effect, courts seem to demand a standard of near perfection from in-house and outside counsel in managing e-discovery.

With the growing size of electronic document review and productions and the still evolving e-discovery jurisprudence, litigants and their counsel continue to face a complex array of issues that can directly impact the outcome of a lawsuit. However, one thing is for certain: To manage these risks effectively, companies must recognize the high stakes in the e-discovery game and hire appropriate counsel to help manage them.