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Zubulake Revisited: Ineffective Lit Holds and Sloppiness Lead To Wheel of Sanctions

Posted By DiscoveryResources.org Editor On March 8, 2010 @ 3:55 pm In Featured Articles,Home Page Featured | No Comments

In Her Honor’s latest eDiscovery-related opinion, Pension Comm. of Univ. of Montreal Pension Plan v. Bank of Am. Secs., LLC, __ F. Supp. 2d __ (S.D.N.Y. 2010), Judge Scheindlin provides us all with a much needed reminder that sloppy (i.e., negligent or grossly negligent) document preservation and production will expose parties (and their lawyers) to the court’s arsenal of sanctions. Fernando M. Pinguelo [1] and Frank Gonnello, Jr. [2] from e-Lessons Learned [3] note that “While litigants are not required to execute document productions with absolute precision, at a minimum they must act diligently and search thoroughly at the time they reasonably anticipate litigation.” Read full article here [4].


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URL to article: http://www.discoveryresources.org/featured-articles/zubulake-revisited-ineffective-lit-holds-and-sloppiness-lead-to-wheel-of-sanctions/

URLs in this post:

[1] Fernando M. Pinguelo: http://ellblog.com/?page_id=6

[2] Frank Gonnello, Jr.: http://ellblog.com/?page_id=8

[3] e-Lessons Learned: http://ellblog.com/

[4] Read full article here: http://ellblog.com/?p=2009#more-2009

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