Discovery can be an expensive and messy process, particularly for companies with large or complex operations. But in-house counsel can breathe a little easier following the 2nd Circuit's ruling in Chin v. Port Authority of New York and New Jersey, which found that the failure to issue a written litigation hold does not constitute gross negligence per se. In InsideCounsel's October issue, we examine the impact of the decision, which reverses the long-standing precedent established in Zubulake v. Warburg.

What are the facts?

The case dates back to 2001, when 11 Asian-American police officers filed an Equal Employment Opportunity Commission (EEOC) complaint against the Port Authority of New York and New Jersey, alleging that they were passed over for promotions because of their race. In the ensuing 11 years, the case wended its way through the courts, eventually resulting in a victory for seven of the plaintiffs.