Tag: Zubulake

NY Appeals Court: Failure To Issue Litigation Hold Is Not Necessarily Gross Negligence

Post author By Oscar Michelen
Post date October 5, 2012
No Comments on NY Appeals Court: Failure To Issue Litigation Hold Is Not Necessarily Gross Negligence

OK so this is not a sexy topic, like the Presidential Debate or Lindsay Lohan’s courtroom attire, but it is important. In a decision that will surprise many litigators, the U. S. Court of Appeals for the Second Circuit (which covers NY) recently held in Chin v. Port Authority that the failure by a law […]

Tags business litigation, Chin v. Port Authority, e-discovery, expectation of privacy, Federal Litigation, intellectual property, Litigation, trial, Zubulake

Intellectual Property Litigation

NY Court Adopts Federal Standard for Destruction of E-Mails

Post author By Oscar Michelen
Post date February 1, 2012
No Comments on NY Court Adopts Federal Standard for Destruction of E-Mails

For the first time in a NY state court case, an Appellate Division court has adopted the standard set forth in 2003 in Zubulake v. UBS Warburg LLC, which set forth guidelines when a party can be punished for the destruction of emails. The NY case, Voom HD Holdings v. EchoStar Satellite LLC, involved a […]

Tags business litigation, e-discovery, emails, ESI, Federal Litigation, intellectual property, Litigation, preservation of evidence, Voom v. Echo Star, Zubulake