Legal Industry News

February 24, 2010

Fed. Judge Says E-Discovery Negligence Merits Severe Sanctions

Judge Schira Scheindlin of the U.S. District Court for the Southern District of New York became well-known in 2004 with her series of Zubulake opinions that established the scope of e-discovery—what kind of electronic evidence is discoverable and how the costs should be apportioned.

On January 11, 2010, Judge Scheindlin published an opinion stating that e-discovery has become so common and the duty to preserve documents and properly search for records has become so well-recognized as a result that a failure to comply with that duty warrants severe sanctions. In the opinion, Pensions Committee of the Univ. of Montreal Pension…

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