Last year U.S. District Judge Shira Scheindlin, one of the country's most influential e-discovery jurists, issued a notable opinion that many believed would reshape the landscape she helped create with her Zubulake v. UBS Warburg decisions. In Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities, LLC, 685 F. Supp. 2d 456 (S.D.N.Y. 2010), Judge Scheindlin imposed sanctions on a group of plaintiffs for their negligent or grossly negligent document preservation and collection efforts.
Numerous courts have followed the lead of Pension Committee, but others are notably not. What implications does this have in the ever-changing world of spoliation related to electronically stored information ("ESI") and the sanctions that courts impose for such conduct? view more