A panel discussion of Zubulake, Pension Committee and their impact upon practice and discovery beyond the Southern District of New York
Earlier this year, the landmark Zubulake e-discovery decision was revisited by its author, Judge Scheindlin of the United States District Court, Southern District of New York. In her new decision, Pension Committee, litigants were reminded that it should be “abundantly clear” that the duty to preserve “means what it says” and that a failure to preserve and to search “in the right places will inevitably result in the spoliation of evidence.” This teleseminar will examine the pitfalls and opportunities in these and other influential decisions and discuss nuances and differences outside of the Southern District of New York and what is (or is not) “abundantly clear” in e-discovery practice across the United States.