In re Merrill Lynch & Co., Inc. Research Reports Sec. Litig., 2004 WL 305601 (S.D.N.Y Feb. 18, 2004)

Key Insight: Where defendants avowed that they were aware of their obligations and have taken and are continuing to take all necessary steps to preserve all potentially relevant electronic evidence, court determined there was no “imminent risk” that any deleted data would be overwritten and rendered irretrievable, and denied plaintiffs’ motion for order lifting automatic stay on discovery for purpose of preserving and restoring deleted email

Nature of Case: Securities class action

Electronic Data Involved: Email allegedly deleted by individual defendant and his subordinates