Readings explanation

Here is a recap of what we have asked you to look out for in the readings for next week.

Playboy:
- Use of a special master / officer of the court to handle forensics
- Recoverability of deleted information
- Note who is paying the cost.

Zubulake I
- Seven factor cost shifting test
- Use of a sample of backup tapes.

Zubulake III
- Search method used
- Cost issues
- Application of cost-shifting test

Zubulake IV
- Trigger date - When did the duty to preserve arise?
- Standard for adverse inference

Zubulake V
- General listing of UBS discovery violations
- Adverse inference

We will pick up the 2006 FRCP amendments and the 2009 VRCP amendments later (We probably won't get to them Wednesday.)

The Pension Plan of The University of Montreal case linked below is not required reading. It is, however, the latest development in e-discovery law, dealing with the timing and execution of litigation holds.