Kyle C. Bisceglie On Zubulake Revisited: 6 Years Later - Pension Committee And The Duty To Preserve In 2010 And Beyond

Six years after her pivotal Zubulake decisions [ enhanced version available to lexis.com subscribers ], U.S. Judge Shira A. Scheindlin of the Southern District of New York revisits e-discovery issues and reinforces the importance of the duty to preserve. Kyle C. Bisceglie, a partner at Olshan Grundman...

New York's First Department Adopts Even More Of Zubulake

By William A. Ruskin On February 28, 2012, the Appellate Division, First Department, issued its decision in U.S. Bank N.A. v. GreenPoint Mortgage Funding, Inc ., 2012 N.Y. App.Div. LEXIS 1487 [ enhanced version available to lexis.com subscribers ], which adopted the standards established in the SDNY's...

Remedies For Spoliation Of Evidence

New York state courts are increasingly turning to federal Zubulake standards [ enhanced version available to lexis.com subscribers ] when confronted with spoliation of electronic evidence issues. However, in dealing with garden variety spoliation of evidence scenarios, not involving ESI, New York courts...

2nd Circuit: Failure to Issue Hold Notice by Itself Not Enough for Discovery Sanctions

The U.S. Second Circuit Court of Appeals has rejected the notion that a failure to institute a litigation hold constitutes the kind of per se gross negligence that warrants sanctions for evidence spoliation. By doing this, the court was clear in disagreeing with an often-cited 2010 decision by...

Ballard Spahr LLP: Proposed eDiscovery Rule Would Bring Relief From Specter Of Sanctions

By Philip N. Yannella and Arash Micaily | The Rules Advisory Committee has recommended proposed amendments to the Federal Rules of Civil Procedure that would set guidelines for courts to follow when evaluating a request for sanctions for spoliation of discovery information, both paper and electronic...