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Future Avoidance Litigation: A Debtor's Obligation to Preserve Electronic Data

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.

25 minute read April 29, 2008 at 04:22 PM
By
Norman N. Kinel And Timothy A. Solomon
Future Avoidance Litigation: A Debtor's Obligation to Preserve Electronic Data

Part Two of a Two-Part Article

As experienced leasing and finance professionals know, when a company suffers severe financial distress and faces the prospect of imminent bankruptcy, its record-keeping procedures can break down, even if they were previously adequate.

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