Pension Comm. of the Univ. of Montreal Pension Plan v. Banc of Am. Secs, No. CIV. 05-9016, 2010 U.S. Dist. LEXIS 1839 (S.D.N.Y. Jan. 11, 2010). In Pension, the Court held that "the failure to issue a written litigation hold constitutes gross negligence [as it pertains to a spoliation allegation] because that failure is likely to result in the destruction of relevant information (emphasis supplied)."
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