Sanctions Update in Dropbox “Rummaging” Decision

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In “Self Help” Discovery in Someone Else’s Dropbox is Held to be Sanctionable (Nov. 10, 2023), I wrote about the $156,000 sanction imposed for Dropbox “rummaging” in  Pursuit Credit Special Opportunity Fund, L.P. v. Krunchcash, LLC, 2023 NY Slip Op. 33448(U) (Sup. Ct. N.Y. Co. Oct. 4, 2023)(unreported)(Cohen, J.).

In Law 360, Mr. Matt Perez now reports that Robins Kaplan Can’t Reduce Sanction Over Dropbox Access – Law360 (Nov. 30, 2023).  Mr. Perez wrote: “A New York state judge refused to renegotiate Robins Kaplan LLP’s $156,000 sanctions order over the law firm’s access to an opposing party’s Dropbox account in a litigation funding dispute, but agreed to stay the ruling pending appeal.”

Mr. Perez adds that: “In his order Tuesday, Justice Cohen additionally granted a motion filed by Pursuit to correct a factual error regarding the percentage of documents that were produced in discovery from its Dropbox files.”  However, that factual modification  was deemed not to impact the substance of the prior ruling.  Id.

I addressed the “Humpty Dumpty” issue from the Pursuit Credit decision in More on “Modern Attachments,” “Pointers,” or Hyperlinked Documents – Humpty Dumpty and “Usability.”  Specifically, the issue there was if or when a producing party must “re-link” some or all of the so-called “modern attachments.”