The Impact of the Pension Committee Decision on Data Preservation, Collection, Review and Production

06/02/2010 08:45 a.m. - 10:30 a.m.

Antitrust Law and Litigation

City Club of Washington 
555 13th Street, Northwest
Washington, D.C.  20004

Jeff Jaeckel

Jeff Jaeckel

Speaking Engagement

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..”.


  • Jeffrey Jaeckel
    Morrison & Foerster LLP
  • John Facciola
    United States Magistrate Judge
    United States District Court for the District of Columbia
  • Paul Weiner
    Littler, National e-Disocvery Counsel
  • Edward H. Rippey
    Covington & Burling
  • Allison Stanton
    Hogan Lovells

Discussion Moderator:

  • Gregory J. Mazares
    Chief Executive Officer
    Encore Discovery Solutions

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