On Jan. 11, 2010, U.S. District Court Judge Shira Scheindlin issued a landmark opinion that has major implications for in-house counsel and how companies handle legal holds.
Although The Pension Committee v. Banc of America Securities (as Amended Jan. 15, 2010) (pdf) was issued in the first weeks of the year, it is likely to become one of the most important opinions of the year. In the opinion, Judge Scheindlin reiterates a host of e-discovery duties made famous by her Zubulake series of opinions (pdf). Key to her opinion is the duty to issue and manage written litigation holds or risk severe sanctions.
