As if we needed an exclamation point for emphasis, for the fourth day in a row, the front page of The Wall Street Journal reminds us of the painful lesson forced on Morgan Stanley as a result of what at least one judge thought was their failure comply with electronic discovery obligations in their trial in Florida defending against Coleman’s, Inc.’s claims. The story can be read without a subscription at My prior posts have provided a short history of the case, and why it is the best lesson to make the point that electronic discovery must be understood by all litigators and their clients. It is widely believed that Morgan Stanley lost a case that many observers think should have been an easy win. Not only did they lose due to what appears to be their inability to properly retrieve, search and produce the appropriate e-data, but in addition to the $604 million verdict, the Florida jury yesterday added another $850 million in punitive damages. Prior to the trial, the judge imposed a penalty of partial summary judgment against them due to e-discovery problems that she blamed on them, and thereafter, it would have been very hard for them to win the case.