In Search Of 'Proportionality' In E-Discovery

Law360, New York (February 11, 2010, 3:35 PM EST) -- We were reminded again in January about our inadequacy in identifying, preserving, gathering, reviewing and producing electronically stored information (ESI).

In The Pension Committee of the University of Montreal Pension Fund v. Banc of America Securities, No. 05-9016, 2010 WL 184312 (S.D. N.Y. Jan. 15, 2010), Judge Shira Scheindlin, in a typically well-written and scholarly opinion subtitled “Zubulake Revisited: Six Years Later,” expressed her frustration by branding as “ignorant and indifferent” lawyers who have failed to heed the guidance of the federal courts on e-discovery in...
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