Zubulake Revisited: Pension Committee Decision

February 23, 2010
This article examines the decision by Judge Shira Scheindlin in Pension Comm. of the Univ. of Montreal Pension Plan v. Banc of America Securities, 2010 U.S. Dist. LEXIS 4546 (S.D.N.Y. Jan. 15, 2010), which is expected to significantly affect the way e-discovery is practiced and litigated in the federal courts. The opinion touches on a variety of important issues, including guidance as to what discovery conduct may be considered negligent, grossly negligent or willful.