Larson v. Bank One Corp., 2005 WL 4652509 (N.D. Ill. Aug. 18, 2005)

Key Insight: Where defendant breached its duty to preserve by failing to establish a “comprehensive document retention policy” and by failing to properly disseminate the policy to its employees, and conduct evinced ?extraordinarily poor judgment? and ?gross negligence” but not willfulness or bad faith, magistrate recommended that prejudice to plaintiff could be remedied by precluding defendant from cross-examining plaintiff’s financial expert and by instructing the jury about the sanction

Nature of Case: Securities class action

Electronic Data Involved: Underlying data and calculations