Earlier this year, we reviewed the landmark decision in Pension Committee,1 in which Southern District Judge Shira Scheindlin suggested that her earlier Zubulake line of cases had imposed a set of presumptive duties on litigants with regard to electronic document preservation, and analyzed what violations of these duties would expose litigants to sanctions.
Judge Scheindlin prescribed a sanctions analysis that focuses largely, at times even exclusively, on the conduct and culpability of the spoliating party.
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