Privacy Risks Mount as E-Discovery Errs Toward Over-Collection

Consilio LLC’s rare criminal penalty for violating a Texas statute highlights the challenges discovery providers face in navigating an increasing number of state privacy regulations while managing overwhelming amounts of electronic evidence.

A jury slapped Consilio with a $50,000 penalty on Nov. 6, finding it knowingly accessed 10 years’ worth of emails from caretaker Angelyn Olson’s computer without her consent, instead of sticking to agreed-upon limits.

The case is among the first against an e-discovery vendor to yield a jury award over privacy violations during discovery. Courts will now increasingly scrutinize parties that over-collect data in discovery, especially as many ...