What happens when discovery misconduct meets a high-stakes cancer detection technology dispute? A $292.5 million verdict, nearly $3 million in discovery sanctions, and potential disciplinary action against attorneys.

The recent Guardant Health v. Natera litigation serves as a reminder of the devastating consequences of discovery misrepresentations and improper ESI management. At its core, this case involved competing technologies designed to detect minimal residual disease in colorectal cancer patients – a critical advancement that helps determine whether patients need to undergo grueling chemotherapy after initial treatment.

What began as false advertising claims spiraled into a discovery nightmare when Natera's expert witness, Dr. Hochster, failed to disclose his communications about a crucial clinical trial. Despite having early access to negative study results regarding Guardant's product, both Dr. Hochster and Natera's counsel repeatedly claimed ignorance when questioned. The truth only emerged when Guardant subpoenaed Rutgers University directly, uncovering dozens of emails showing the expert's knowledge – including communications where he sent the embargoed study results directly to Natera's attorneys months before they claimed ignorance to the court.

The judge's frustration leaps from the page in these decisions, highlighting statements from counsel in bold text and finding they "knowingly and deliberately misled the court." The sanctions were severe: complete exclusion of the clinical trial evidence, nearly $3 million in attorney fees, and appointment of a special master to determine potential disciplinary measures and state bar referrals for the attorneys involved.

For litigators, this case underscores critical e-discovery principles: never allow witnesses to self-collect documents, implement robust systems to track ESI in complex litigation, and above all – be truthful with the court. When mistakes happen, transparency is the only viable path forward.

Want to avoid multimillion-dollar sanctions and professional discipline? Make ESI management a priority in your practice and remember that in the digital age, deception leaves an electronic trail that persistent investigation will almost always uncover.

Thank you for tuning in to Meet and Confer with Kelly Twigger. If you found today’s discussion helpful, don’t forget to subscribe, rate, and leave a review wherever you get your podcasts. For more insights and resources on creating cost-effective discovery strategies leveraging ESI, visit Minerva26 and explore our practical tools, case law library, and on-demand education from the Academy.