n the last post on Electronic Discovery Compliance, this blog explored Judge Sheindlin’s most recent decision involving litigation opponents’ duties to preserve and produce evidence during litigation, The Pension Committee of the University of Montreal Pension Plan v. Banc of America Sec., LLC. In May 2010, Judge Sheindlin entered an important amendment to her decision.
In January of this year, Judge Shira Sheindlin of the Southern District of New York issued a decision reaffirming and expanding on crucial electronic discovery issues she highlighted six years earlier, in her groundbreaking “Zubulake” case. The new case, The Pension Committee of the University of Montreal Pension Plan v. Banc of America Sec., LLC ((2010) No. 05 Civ. 9016) provided Judge Sheindlin the opportunity to more fully examine the duties of parties to litigation to preserve information, and provide guidance on when sanctions should be imposed for misconduct during the discovery process.