Monthly Archives: April 2010

Obstruction of the Discovery Process: Understanding Email

  A recent case out of the Southern District of New York has created a bit of buzz on the blogs. In In re A&M Fla. Props. II, LLC, 2010 WL 1418861 (Bankr. S.D.N.Y. Apr. 7, 2010), Chief Bankruptcy Judge

Posted in Sanctions

A Counterpoint to the Pension Committee Decision

In a landmark opinion by Judge Lee H. Rosenthal, the court in Rimkus Consulting Group, Inc. v. Cammarata, 2010 WL 645253 (S.D. Tex. Feb. 19, 2010) (opinion) ordered an adverse inference instruction against a group of defendants for intentional spoliation of evidence. The

Posted in Uncategorized

Can you Pass the eDiscovery Active Management Test?

No? Well, you might want to prepare yourself for sanctions. In a recent eDiscovery presentation,  John Jessen,  a chairman of the Sedona Conference executive committee,  hit on the importance of Active Management. Mr. Jessen expressed that  there is a growing

Posted in Sanctions

Revisiting Zubulake

On January 11, 2010, Judge Scheindlin, who authored the groundbreaking Zubulake opinions, issued a groundbreaking eDiscovery opinion. Pension Comm. of the Univ. of Montreal Pension Plan v. Banc of Am. Scs., 2010 U.S. Dist. Lexis 1839 (S.D.N.Y. Jan. 11, 2010),

Posted in Uncategorized
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