Federal Judge Shira A. Scheindlin recently found that six Pension Committee plaintiffs were grossly negligent in failing to comply with their e-discovery obligations and subjected them to an "adverse inference instruction," a severe sanction under which the jury will be told to presume that the destroyed documents would have harmed the plaintiffs' case. Attorneys Robert Schwinger and Marcelo Blackburn examine the four e-discovery failures the court identified as sufficient to show gross negligence.
E-Discovery Failings That Amount to Gross Negligence
Special to Law.com
February 22, 2010