Kelly Twigger: #CaseoftheWeek Episode 78: When Sanctions are Available for Failure to Conduct a Responsiveness Review Prior to Production

Extract from Kelly Twigger’s article “#CaseoftheWeek Episode 78: When Sanctions are Available for Failure to Conduct a Responsiveness Review Prior to Production”

Episode 78 is Part I of another two-part case law series. In this Case of the Week, Kelly Twigger discusses whether a party is subject to sanctions under FRCP 37(b) for producing 800,000 pages of documents without a responsiveness review following the court’s order for the parties to agree on search terms. 

The case we are analyzing is Raymond James & Assocs., Inc. v. 50 N. Front St. TN, LLC, 2020 WL 4572356 (W.D. Tenn. 2020). The decision made by United States Magistrate Judge Tu M.Pham is from August 7, 2020.

Keep reading or watch the video to understand the ediscovery issues.


Good morning and welcome to Episode 78 of our Case of the Week series published in Partnership with ACEDS. My name is Kelly Twigger, I am the CEO and founder of eDiscovery Assistant, as well as the principal at ESI Attorneys.

As you know, here on our Case of the Week series, each week we choose a decision in eDiscovery that highlights key issues for litigators and talk about the practical aspects of that decision, and what you need to be focused on for purposes of your practice and your clients.

Read more here

ACEDS