This is the second in a series of guest blogs on Judge Shira A. Scheindlin’s landmark decision, Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities, LLC, 685 F.Supp.2d 456, 465 (S.D.N.Y.2010). The articles were all originally published together as a white paper in the Legal Hold Pro™ Signature Series, Pension Committee Revisited: One Year Later, edited by Brad Harris and Ron Hedges. The first blog in this series introduced the paper and reprinted the lead article by Craig D. Ball. This second reproduces the next three articles by more top experts: Kevin F. Brady, William P. Butterfield, and Maura R. Grossman. There are six more articles yet to come in future blogs by Browning Marean, Jonathan Redgrave, Paul Weiner, John Jablonski, Denise Talbert, and, oh yeah, me.
This is an outstanding series of articles and I suggest you study each one carefully. This series not only facilitates an in-depth understanding of Pension Committee, but also provides an interesting glimpse into the many attitudes, styles, and points of view of leaders in this dynamic area of the law.
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Rekindling the National Debate on Preservation Best Practices
By Kevin F. Brady
The legacy of Judge Scheindlin‘s decision in Pension Committee will not be the substance of what is contained in the 88-page scholarly analysis on issues about whether there should be a bright line test for negligence, gross negligence or bad faith behavior or whether there should be a requirement for written legal holds. Instead, Pension Committee will be seen as the spark that reignited a national debate regarding best practices for handling ESI and refocused the attention of the legal community on the issue of preservation and the need for effective policies and procedures for preserving ESI irrespective of the circuit where the lawsuit is pending.
To Continue Reading: Click Here
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Source: e-discoveryteam.com
By: Ralph Losey
This is an outstanding series of articles and I suggest you study each one carefully. This series not only facilitates an in-depth understanding of Pension Committee, but also provides an interesting glimpse into the many attitudes, styles, and points of view of leaders in this dynamic area of the law.
_______________________________
Rekindling the National Debate on Preservation Best Practices
By Kevin F. Brady
The legacy of Judge Scheindlin‘s decision in Pension Committee will not be the substance of what is contained in the 88-page scholarly analysis on issues about whether there should be a bright line test for negligence, gross negligence or bad faith behavior or whether there should be a requirement for written legal holds. Instead, Pension Committee will be seen as the spark that reignited a national debate regarding best practices for handling ESI and refocused the attention of the legal community on the issue of preservation and the need for effective policies and procedures for preserving ESI irrespective of the circuit where the lawsuit is pending.
To Continue Reading: Click Here
-----------------------------------------
Source: e-discoveryteam.com
By: Ralph Losey
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