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New eDiscovery Opinion Offers Broad View of Companies’ Duty to Preserve Information

On January 15, 2010, Judge Shira Scheindlin of the Southern District of New York issued an extensive opinion holding that companies may be presumed to have spoliated evidence if they did not take certain steps in preserving or collecting documents. Pension Comm. of the Univ. of Montreal Pension Plan, et al., v. Banc of Am. Sec., LLC, et al., No. 05-9016 (S.D.N.Y. Jan. 15, 2010) (“Pension Committee”). While the opinion is not precedential outside of Judge Scheindlin’s court, it is likely to be persuasive in other courts, as Judge Scheindlin wrote the influential Zubulake opinions and is a leading authority on electronic discovery issues.