06/02/2010 08:45 a.m. - 10:30 a.m.
Antitrust Law and Litigation
City Club of Washington 555 13th Street, NorthwestWashington, D.C. 20004
Judges rarely, if ever, title their opinions as an author would title a book. When Federal District Judge Shira Scheindlin of the Southern District of New York titles an opinion “Zubulake Revisited: Six Years Later,” it is bound to be noticed.
In 2003-04, Judge Scheindlin almost single-handedly put e-discovery at the forefront of the legal landscape through her now-legendary Zubulake opinions which defined parties’ duties to (1) issue written litigation holds once litigation is reasonably foreseeable, and (2) preserve and produce electronically stored information to the same extent as required for paper discovery.
On January 15, 2010, Judge Scheindlin issued her amended eighty-five page opinion —entitled Zubulake Revisited: Six Years Later. The case reminds plaintiffs and defendants alike of the critical importance of proper preservation and competent retrieval of electronically stored information. The holding amplifies the duties that Zubulake first trumpeted, and sounds a loud warning to those guilty of “ignorant” or “indifferent” compliance.
In the wake of this most recent order, we have assembled an expert panel of legal professionals to carefully examine this landmark decision and its impact within the realm of litigation and discovery. This informational session, whose title borrows an anecdote from Judge Scheindlin, seeks to engage and educate attendees in hopes of preventing the ill-fated outcomes of “those who cannot remember the past..”.
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