"Don't Gamble: Know When and How to Implement a Proper Litigation Hold", Focus on Litigation | Dispute Resolution, November 2010
Date:
November 9 2010
Earlier this year, Judge Shira Scheindlin of the New York Southern District Court (and author of the now famous Zubulake decisions) issued another landmark decision affecting the practice of document retention and e‐discovery in the United States. In Pension Committee of the University of Montreal Pension Plan et al v. Bane of America Securities et al, Judge Scheindlin found the plaintiff investors grossly negligent in failing to preserve relevant evidence, even though counsel for the plaintiffs had instructed the plaintiffs to be over‐inclusive in their collection efforts and had issued a litigation hold, albeit sometime after the litigation had commenced.
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