Litigation

Recent Posts

2nd Circuit: Failure to Issue Hold Notice by Itself Not Enough for Discovery Sanctions
Posted on 3 Aug 2012 by LexisNexis Litigation Resource Community Staff

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... Read More

Tags: Zubulake v. UBS Warburg , Zubulake , E-Discovery Brief , E-Discovery , Shira Scheindlin , Chin v. Port Authority of New York and New Jersey , spoliation , LexisNexis , gross negligence per se , 2nd Circuit , litigation hold , Contra Pension Comm. of Univ. of Montreal Pension Plan v. Bank of Am. Secs.

Remedies For Spoliation Of Evidence
Posted on 6 Apr 2012 by William A. Ruskin

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... Read More

Tags: spoliation of evidence , New York Law Journal , Zubulake , Epstein Becker &amp , E-Discovery , ortega v. city of new york , green , spoliation , William A. Ruskin , Litigation , amp , robert s. kelner , New York courts

Ballard Spahr LLP: Proposed eDiscovery Rule Would Bring Relief From Specter Of Sanctions
Posted on 27 Nov 2013 by Ballard Spahr LLP

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... Read More

Tags: Arash Micaily , Zubulake , FRCP 37(e) , Philip N. Yannella , E-Discovery , Rules Advisory Committee , discovery , Federal Rules of Civil Procedure , Litigation , Federal Rule of Civil Procedure 37(e) , Ballard Spahr

New York's First Department Adopts Even More Of Zubulake
Posted on 15 Mar 2012 by William A. Ruskin

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 ]... Read More

Tags: Zubulake , E-Discovery , Epstein Becker &amp , green , First Department , William A. Ruskin , ESI , Litigation , amp , U.S. Bank N.A. v. GreenPoint Mortgage Funding , electronic discovery , Cost Allocation , Inc , Voom H.D. Holdings v. EchoStar

Kyle C. Bisceglie On Zubulake Revisited: 6 Years Later - Pension Committee And The Duty To Preserve In 2010 And Beyond
Posted on 29 Jun 2010 by Kyle C. Bisceglie

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... Read More

Tags: Wolosky LLP , Kyle C. Bisceglie , Zubulake , E-Discovery , Judge Shira A. Scheindlin , Olshan Grundman Frome Rosenzweig &amp , LexisNexis Practice Guide New York E-Discovery and Evidence , Litigation , Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities