The current discovery dispute before The Honorable Nan R. Nolan regarding the adequacy of defendants’ efforts has Defendants thoroughly exasperated with the ever shifting sands of discovery compliance. (Kleen Products, et al, case : 1:10-cv-05711).
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The New Jersey Supreme Court has a long history of affording New Jersey citizens broader privacy protection rights than those offered by the federal government. For example, the New Jersey Supreme Court has held that citizens have a reasonable expectation of privacy in their bank account records, in their garbage, and in the personal information linked to their IP addresses. Thus, when the question of whether an employee who uses a company computer to access e-mail communications between her and her attorney maintains the confidentiality of those communications, it was no surprise that the Court held that the act of an employee who accesses her attorney-client communications via a company laptop does not destroy the privilege…
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Recently, Judge Shira Scheindlin of the Southern District of New York issued a follow‐up opinion to her landmark decision in Zubulake v. UBS Warburg (“Zubulake”). The follow‐up opinion is The Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, LLC, et al. (“Pension Committee”).
Six years after the Zubulake case, Judge Scheindlin once again finds herself restating the rules that must be followed when applying litigation holds to cases.
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