Working Group 1 Virtual Town Hall on Discovery Sanctions

Thursday, June 3, 2021 - 4:00pm to 5:30pm

Location: Online (Zoom)

Time: 4 to 5:30 pm. EDT

The Sedona Conference invites all Working Group Series members to join us for another in our series of free Virtual Town Hall meetings, aimed at continuing our tradition of crafting the next generation of eDiscovery thought leadership through dialogue and consensus building.

June’s program will focus on a discussion of discovery-related sanctions.

Many provisions of the Federal Rules of Civil Procedure authorize (and sometimes mandate) sanctions for discovery-related misconduct by parties and their attorneys. These include not only Rule 37(e), but also Rules 16(f), 26(g), 37(a)-(c) and 37(f). Particularly in the digital era, where eDiscovery obligations are complex and spoliation of electronically stored evidence happens all too frequently, sanctions serve as an important means of deterring discovery misconduct and compensating aggrieved parties. But navigating the operation of sanctions rules in federal court can be challenging for parties, attorneys, and the judiciary, particularly where the conduct at issue may implicate more than one sanctions rule. Moreover, because courts have broad discretion when deciding whether and what sanctions to impose, sanctions may not always be levied in a consistent manner or be perceived as such. When used effectively, however, sanctions can promote good-faith cooperation in discovery and serve as an important case management tool to facilitate the discovery process.

In this Town Hall, our dialogue leaders will explore the key provisions of the Federal Rules authorizing discovery-related sanctions and the interplay of these provisions with other rules that address discovery misconduct. They will offer a framework for analysis through which to view these provisions, as well as best practices for parties seeking to avoid--or leverage--the imposition of sanctions.

The audience will then have an opportunity to discuss and brainstorm on the topic both collectively and in smaller breakout sessions. Takeaways and action items will be noted and shared with all to inform the ongoing mission of WG1 and guide its future publication projects.

Participation is free, but prior registration is required. Registrants will receive a Zoom invitation and instructions a day before the event.


Eric Mandel
Driven, Inc.
Washington, DC, USA


U.S. District Court, Northern District of Illinois

Rockford, IL, USA

Shaw Keller LLP

Wilmington, DE, USA

Lieff Cabraser Heimann & Bernstein, LLP

New York, NY, USA