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Zubulake 2011 - more e-discovery guidance from Judge Scheindlin

04 March 2011

Litigation Alert

On 7 February 2011 Judge Shira Scheindlin of the Southern District of New York issued the latest in her series of landmark e-discovery decisions. In 2003-2004, Judge Scheindlin issued her now-famous Zubulake opinions, which established parties' responsibilities in the preservation and production of electronically stored information (ESI). She again broke new ground in early 2010 with an opinion titled, "Zubulake Revisited: Six Years Later" in the case of Pension Committee of the University of Montreal Pension Plan v. Banc of America Secs., LLC, et al. In Pension Committee, Judge Scheindlin held that the "failure to collect records – either paper or electronic – from key players" and the failure to issue "a written litigation hold" constitutes gross negligence or willfulness "as does the destruction of email or certain backup tapes after the duty to preserve has attached."



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