In our February 27, 2010 post, we provided some highlights from The Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities, LLC, which was amended some in a January 15, 2010 order. This decision can now be found at 2010 U.S. Dist. LEXIS 4546 (S.D.N.Y. Jan. 15, 2010). Pension Committee revisited U.S. District Judge Scheindlin’s prior Zubulake decisions and defined the standards of preservation for e-discovery since those opinions were issued.
Now, Michael Hoenig has written a February 23, 2010 article “’Pension Committee’ Clarifies E-Discovery Requirements” for the New York Law Journal. The article contains a good synopsis of the decision in a question-and-answer format.