Seyfarth LLP to pay millions for abusive discovery conduct

A Judge in Colorado found that Robyn Marsh of the law firm Seyfarth LLP had behaved inappropriately, disruptively, uncivilly, and unprofessionally in defending her client’s deposition. She should be disbarred, but she was only admonished.

zealous advocacy does not justify abusive conduct or hiding the ball.

Judge R. Brooke Jackson

Judge found that Seyfarth had (1) stripped the messages of all images and attachments; (2) not produced their clients text messages; and (3) left a suspicious gap in a message chain between three key defendants.

As I stated during the trial, I was appalled [by the attorneys from Seyfarth who were] playing fast and loose with discovery obligations.

Judge R. Brooke Jackson

Seyfarth responds by assuring the Court that “nothing is missing, everything has been produced.” Defendant further claims that any late-produced files were the result of technical difficulties (Yes, searching for emails in Outlook is so very complicated). Ms. Marsh stated that there is nothing suspicious about gaps in conversations (nope nothing to see here, the gaps represent deep breaths, that’s it ). Seyfarth’s tricks didn’t work this time, the judge sanctioned Seyfarth and their client and ordered both to pay millions of dollars to the plaintiff.

Seyfarth applies this formula to all of their discovery obligations, speaking from experience.

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