Those who deal with electronic discovery in modern litigation know that electronically stored information can be lost without negligent or wrongful conduct, even after the implementation of document preservation procedures. The judgment in Pension Committee for the Univ. of Montreal v. Banc of America includes clarification of an important legal precedent to reflect this reality. David, a partner in the firm’s Intellectual Property Practice Group, and his co-author, discuss the opinion of Judge Shira Scheindlin in Pension Committee.

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