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Second Circuit Takes Two Steps Back to Enforce Duty to Preserve Evidence
The standardization of eDiscovery protocols and better computer forensics is giving a boost in modern litigation to plaintiffs seeking to uncover the truth. Electronic data is difficult to hide or destroy, as it almost always leaves trace artifacts and trails. This was evident in the Zubulake series of cases where
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Avoiding the Crossfire: The Lessons of Zubulake V
“When communication between counsel and client breaks down, conversation becomes “just crossfire,” and there are usually casualties.” Zubulake V, 2004 U.S. Dist. LEXIS 13574 (S.D.N.Y. July 20, 2004). Zubulake V picks up where the last order left off, being that the Court found the defendants had breached their duty to
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Another look at Zubulake: Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities, LLC
A Ken Withers Webinar Approximately six years after deciding the trailblazing and now seminal electronic discovery decisions Zubulake v. UBS Warburg LLC (“Zubulake IV”), 220 F.R.D. 212 (S.D.N.Y. 2003), and Zubulake v. UBS Warburg LLC (“Zubulake V”), 229 F.R.D. 422 (S.D.N.Y. 2004), Judge Shira A. Scheindlin undertook the judicial role
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Litigation Hold Missteps: Pre-waiver of Privileges
By Diane E. Barry, Esq. In Major Tours v. Colorel, the federal district court for the District of New Jersey held that the client (defendant Colorel) had waived attorney client privilege regarding eDiscovery response process well before counsel began their actual discovery work. In other words, the privilege was gone