Zubulake Judge Defines Discovery Duties and Spoliation Negligence Standards

In an amended order subheaded “Zubulake Revisited: Six Years Later,” Judge Shira A. Scheindlin (SDNY), author of the seminal Zubulake opinions, outlines the standards of conduct expected of litigants and counsel engaged in discovery. The order provides a framework for analyzing discovery misconduct that is likely to become a standard point of reference for courts addressing spoliation issues.

Scheindlin defines negligence, gross negligence, and willfulness in the context of discovery misconduct, identifies four concepts for consideration when assessing whether sanctions are required, and specifies the types of misconduct that will lead to sanctions.

For the full story, please view the PDF.