TITLE

DECONSTRUCTING PENSION COMMITTEE: THE EVOLVING RULES OF EVIDENCE SPOLIATION AND SANCTIONS IN THE ELECTRONIC DISCOVERY ERA

AUTHOR(S)
Deyo, Michael W.
PUB. DATE
November 2011
SOURCE
Albany Law Review;2011, Vol. 75 Issue 1, p305
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article examines the U.S. District Court Judge Shira Scheindlin's landmark decision in Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities LLC (Pension Committee) which dealt with the issue of spoliation of evidence. It highlights the impact and influence of Pension Committee on the topic of electronic discovery and reflects on Scheindlin's opinion that failure to preserve records of former employees supports a finding of gross negligence.
ACCESSION #
89892507

 

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