February 10, 2010     01:00pm - 02:15pm Eastern

The first major judicial opinion on e-discovery for 2010 was delivered by a judge who was already a distinguished jurist in the field and it harkened back to a landmark decision from the past. The January 15 Amended Opinion and Order in Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, LLC, et al. was titled "Zubulake Revisited: Six Years Later" by its author, Hon. Shira A. Scheindlin of the U.S. District Court for the Southern District of New York, who stated, "Once again, I have been compelled to closely review the discovery efforts of parties in a litigation, and once again have found that these efforts were flawed. As famously noted, '[t]hose who cannot remember the past are condemned to repeat it.'"

Pension Committee details the data preservation efforts of 13 plaintiff investors who joined an action to recover an alleged half-billion dollars in losses from the liquidation of two British Virgin Islands-based hedge funds. More to the point, the opinion details the lack of preservation efforts by the plaintiffs, finding that seven of the plaintiffs acted negligently and six of the plaintiffs acted with gross negligence, resulting in the probable loss or destruction of relevant data, and requiring further discovery, monetary sanctions, and a carefully-crafted spoliation instruction to the jury. In her lengthy opinion, Judge Scheindlin discusses the duty of preservation and what it requires of parties, distinguishes between the various levels of culpability in the plaintiffs' conduct, explores the shifting burdens of proof in spoliation claims, and sets out the appropriate remedies for the failure to preserve electronically stored information in litigation.

In this webinar, our distinguished panel will take a careful look at the Pension Committee opinion and what it teaches all of us - plaintiffs, defendants, and the Judiciary - about the duty of preservation and the sanctions for spoliation. Joining the panel will be Hon. Elizabeth Laporte, United States Magistrate Judge in the Northern District of California, attorneys Jonathan Redgrave of Nixon Peabody LLP and Jennifer Young of Milberg LLP, and veteran e-discovery technical expert John Jessen of Datacon/Electronic Evidence Discovery. We are extending our usual one hour panel discussion to 75 minutes to accommodate more of your questions.

Pricing:

$79 Working Group Members of The Sedona Conference^®

$99 General Public


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