Haynes and Boone's Newsroom
ESI Preservation and Collection in the wake of Pension Committee v. Banc of America
07/01/2010
Jennifer Butler Wells
Judge Shira A. Scheindlin of the Southern District of New York, author of the Zubulake opinions, recently released the opinion in Pension Committee v. Banc of America. The opinion, subtitled “Zubulake Revisited: Six Years Later,” seeks to clarify the standards established in the Zubulake opinions.
The opinion begins with definitions of negligence, gross negligence, and willfulness, and applies them in the discovery context, giving examples of what conduct may constitute which level of culpability when considering lost or destroyed evidence.
Excerpted from TYLA e-News, Texas Young Lawyers Association, June/July 2010. www.tyla.org. To read the full paper click here.