On Jan. 15, 2010, Judge Shira Scheindlin, the author of the seminal Zubulake decisions, issued an 87-page opinion in Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities, LLC,[FOOTNOTE 1] which is being hailed by litigators and e-discovery consultants throughout the country as a must-read.
It is a must-read. Scheindlin is widely regarded as a pioneer on e-discovery law, and the opinion addresses the issue of spoliation of electronic evidence, outlining several instances of conduct that rise to a level of culpability warranting sanctions.
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