The article discusses Judge Shira Scheindlin's decision in Pension Committee of the University of Montreal v. Banc of America Securities, which addressed e-discovery misconduct and sanctions. The decision outlined several instances of "bright-line" behavior that would constitute gross negligence. The article examines the decision and the instances of bright-line conduct and suggests that while Judge Scheindlin's opinion does an admirable job of adding some clarity to a very murky issue, there are some instances where the conduct identified by the Judge would likely not be considered gross negligence and may not be sanctionable at all.
The article argues that blind adherence to "bright-line" rules presents a far great possibility for discovery about discovery, and suggests that given the ever changing nature of the e-discovery landscape, reliance on "bright-line" rules is no substitute for experience with this area of the law.