Judge Finds Plaintiffs Grossly Neglignet for Lapses in Preservation and Collection of Electronic Documents

The Pension Committee of the University of Montreal Pension Plan et. al. v. Banc of America Securities et. al. 05 Civ 9016 (SAS)
Judge Shira A. Scheindlin of the U.S. District Court SD New York has found the plaintiffs in the University of Montreal pension fund case to be grossly negligent for lapses in the preservation and collection of responsive electronic documents. The Judge went on to order the plaintiffs, who had attempted to cite the burden argument, to collect data from backup tapes. Her opinion provides useful guidance to attorneys and electronic discovery professionals in their efforts to make sure their clients preserve relevant evidence for use in litigation and avoid sanctions.