Emerging Case Law and Recent eDiscovery Decisions

Litigation HoldThe Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities LLC, et al., Amended Order, Case No. 05-cv-9016 (SDNY Jan. 15, 2010)

In this case Judge Scheindlin rules that litigation holds must be issued in writing and that failure to do so is considered gross negligence and could be subject to sanctions, stating …

“By now it should be abundantly clear, that the duty to preserve means what it says and that a failure to preserve records – paper or electronic – and to search in the right places for those records will inevitably result in the spoliation of evidence.”