
Pension Committee v. Banc of America Securities
United States District Court for the Southern District of New York
685 F. Supp. 2d 456 (S.D.N.Y. 2010)
Relevant factsFree
After hiring counsel in 2003 who directed over-inclusive production but issued no formal litigation hold, various plaintiff shareholders failed to preserve documents, secure records from key players, or supervise production, with some deleting electronic files and submitting false declarations, while others belatedly instituted holds or failed to instruct employees, and gaps in production became apparent once discovery began years later.
IssueFree
Whether a federal court may sanction a party for failing to preserve evidence for pending litigation.