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  • "Bad Faith or Culpability 'May Not Mean Evil Intent, but May Simply Signify Responsibility and Control.'"
  • No Sanctions for Destruction of Data Resulting from Mistaken Belief that Computers had been Imaged
  • Court Sanctions Plaintiff and Counsel for Misuse of Discovery Process, Including Failing to Reveal That Relevant Cell Phones were Discarded
  • "[T]hrowing the Laptop Off a Building; Running Over the Laptop with a Vehicle; and Stating 'If This Gets Us into Trouble, I Hope We're Prison Buddies,' Unquestionably Demonstrate Bad Faith."

(news from K & L Gates)

Scheindlin – Pension Committee – Negligence Standard Revised

The ever alert Ralph Losey posted a note about another amendment to the Pension Committee decision by Judge Shira Scheindlin:

At page 10, lines 7-10 replace <By contrast, the failure to obtain records from all employees (some of whom may have had only a passing encounter with the issued in the litigation), as opposed to key players, likely constitutes negligence as opposed to a higher degree of culpability.> with <By contrast, the failure to obtain records from all those employees who had any involvement with the issues raised in the litigation or anticipated litigation, as opposed to key players, could constitute negligence.>.

Judge Scheindlin’s last amendment was to correct language indicating all backup tapes should be saved.  Here, she alters language to reduce the preservation and collection impact.

It is amazing to me how the ediscovery community, including judges, are co-creating ediscovery standards, practices and even case law.

According to Ralph on Eddupdate:

We can all breathe a little easier this weekend.

I heard this correction by Judge Scheindlin came about as a result of a question asked of her at a CLE event this week. Anyone care to share the details of that? Who gets the credit for bringing this glitch in wording to her attention?

Dueling Opinions (post on Pension Committee and Rimkus) here.

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