Southern District of New York Judge Shira A. Scheindlin has issued another blockbuster e-discovery decision that is sure to become required reading for litigants throughout the United States. In Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities, LLC,et al., Scheindlin, author of the five Zubulake decisions pre-dating the e-discovery amendments to the Federal Rules of Civil Procedure, provides an analytical framework for litigators to assess their e-discovery performance and judges to calibrate sanctions. 05 Civ. 9016 (SAS) (S.D.N.Y. Jan. 15, 2010), Amended Opinion and Order (the “Slip Op.”). Scheindlin christened her decision “Zubulake Revisited: Six Years Later.”
Boiled down to its core, the 85-page opinion suggests a laundry list of do’s and don’ts for litigators handling pre-trial discovery.
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