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Webinar: The latest decision on legal holds related to e-discovery by United States District Judge Shira Scheindlin (SDNY) and what this means for you

Thursday, February 11, 2010
3:00–4:00 p.m. (Eastern)
Click here to view an online recording of this webinar.
(For a copy of the slide presentation, please click on the PDF link on the right.)

Open PDF: Webinar: The latest decision on legal holds related to e-discovery by United States District Judge Shira Scheindlin (SDNY) and what this means for you

In The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, LLC, et al., a group of investors seek to recover losses of $550M stemming from the liquidation of two British Island hedge funds in which they held shares. Their road to this recovery just hit a significant detour in the form of discovery sanctions for spoliation of information.

In a January 15, 2010, decision, Judge Shira Scheindlin (who was the presiding judge in the landmark Zubulake series of legal hold decisions) found that the plaintiffs had spoliated relevant evidence through conduct ranging from negligence to gross negligence. The sanctions imposed include additional (limited) discovery, an award of fees, and, for some, an adverse inference jury instruction.

The 88-page opinion contains a wealth of citations and, more importantly, learning moments for all readers. During this 1-hour webinar, which will be led by Information Law chair and partner, Jonathan Redgrave, Nixon Peabody attorneys from across the country will discuss:

  • What is the holding of the case and to whom does it apply?
  • What is the standard of care for issuing effective legal holds?
  • What level of involvement is required to supervise the preservation of information?
  • How much information needs to be preserved to meet the preservation standard?
  • What best practices can be applied to reduce the risk of a finding of negligence or worse?

Speakers

  • Constance Boland, Partner
  • Jonathan Redgrave, Partner
  • Stephen Schrey, Partner
  • Andrew Cosgrove, Associate

Click here to view an online recording of this webinar. (For a copy of the slide presentation, please click on the PDF link at the top of the page on the right.)

For more information, please contact Katie Farrell at 617-345-1124 or kfarrell@nixonpeabody.com.

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