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Litigation

Mar. 5, 2010

E-Discovery Bar Set High For Litigants

Dan Sedor of Jeffer Mangels examines Judge Shira Scheindlin's recent e-discovery ruling and its extension of the common law culpability "continuum."

By Dan Sedor

Judge Shira Scheindlin of the U.S. District Court for the Southern District of New York, and author of the landmark Zubulake v. UBS Warburg LLC e-discovery rulings, has written again on the topic. Her opinion in Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities, LLC, 2010 WL 184312 (S.D.N.Y. Jan. 15, 2010), has again set the e-discovery bar high for litigants and their counsel. Among other things, the opi...

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