Lancer Jury Can Presume Lost Docs Are Relevant: Judge

Law360, New York (January 12, 2010, 8:06 PM EST) -- A federal judge has given a jury the green light to presume the relevance of documents lost or destroyed by investor plaintiffs found to have acted with gross negligence in a case accusing managers of two British Virgin Islands-based hedge funds of fraud.

In an 87-page opinion rendered Monday in the U.S. District Court for the Southern District of New York, Judge Shira A. Scheindlin found that certain plaintiffs failed to collect or preserve electronic documents and continued to delete relevant documents after their duty to...
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