The differing views expressed by federal district court judges in Pension Committee of the University of Montreal Pension Plan, et al., v. Banc of America Securities (SDNY) and Rimkus Consulting Group v. Cammarata (S.D. Tex.) and their effects on e-discovery data retention and destruction policies continue to be hotly debated by experts.

For in-house counsel, one key concern is determining exactly when a legal threat triggers a litigation hold.