“For legal professionals responsible for issuing litigation holds, the Zubulake v. UBS Warburg and Pension Committee cases decided by Judge Shira Scheindlin of the U.S. District Court for the Southern District of New York are well known,” writes John J. Jablonski, Chair of Goldberg Segalla’s E-Discovery Practice Group. “The duty to issue a litigation hold continues to shape the preservation and spoliation landscape, and has fueled a cottage industry of software, books, white papers, and seminars. Remarkably, few appellate courts have addressed the consequences of failing to issue a written litigation hold. Even more surprising, the Second Circuit Court of Appeals has not addressed the duty to issue a litigation hold until now.”
In this article, John examines the impact of the landmark July 2012 decision in Chin v. The Port Authority on legal holds and the gross negligence standard.