May 2008
Future Avoidance Litigation: A Debtors Obligation to Preserve Electronic DataBy Norman N. Kinel and Timothy A. Solomon
Part One of this article discussed the facts of the Nortel case in detail and analyzed some of the many novel substantive legal issues relating to the pre-petition equipment returns that constituted a large portion of the transfers at issue. This second installment discusses some of the complex issues that arose in connection with discovery of electronic documents in the Nortel case.
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