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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.