Kingsway Fin. Servs., Inc. v. Pricewaterhouse-Coopers LLP, 2006 WL 1520227 (S.D.N.Y. June 1, 2006) and 2006 WL 1295409 (S.D.N.Y. May 10, 2006)

Key Insight: Magistrate ruled that, although litigation hold notices were relevant (“Like a party’s destruction of relevant documents, if plaintiff’s document retention notices are patently deficient or inadequate in some other respect, they might support a negative inference concerning the merits of plaintiff’s claims.?), they were privileged and not subject to production; plaintiff’s failure to list them in privilege log did not effect waiver because notices were not in existence at the time plaintiff?s response to the requests for production was due

Nature of Case: Acquiring corporation sued acquired corporation’s officers, directors, and independent auditor for securities fraud and other torts

Electronic Data Involved: Litigation hold notices issued by plaintiff