Photo of Jon Del Barrio

Jon Del Barrio is a discovery attorney in the firm’s E-Discovery & Information Management Group.

Jon focuses on discovery issues for complex state and federal litigation and government regulatory investigations, including matters before the Department of Justice and Federal Trade Commission. Jon has developed significant experience in all phases of e-discovery, and has experience in data retention, preservation, collection, review, and production. Jon also works in tandem with the Practice Technology Group and third-party e-discovery vendors to leverage technology to streamline and optimize discovery for clients.

The new year has brought one of the most comprehensive court decisions yet reminding attorneys in no uncertain terms of the rules mandating fundamental competency in the treatment of electronically stored information (“ESI”). Falling short may get both lawyers and clients sanctioned.

In January 2021, U.S. District Judge Iain Johnston issued his opinion in DR Distributors, LLC v. 21 Century Smoking, Inc. (N.D. Ill. No. 12 CV 50324) coming down hard on defense counsel for failing to possess the skills and diligence necessary to competently meet their ESI discovery obligations. In a detailed opinion that is well worth reading (if you have an hour or two), the court recounts the many e-discovery “missteps, misdeeds, and misrepresentations” both of client and counsel that culminated in the issuance of harsh evidentiary and cost-shifting sanctions on each.Continue Reading Off the edge of the E-Discovery map, there be monsters! Federal court issues epic opinion sanctioning counsel for failure to show competence and diligence in meeting ESI discovery obligations.