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Defending Spoliation Claims

The duty to adopt appropriate measures to preserve relevant evidence arises when a party receives notice of or reasonably anticipates litigation. Significantly, the preservation obligation can occur well before a lawsuit is actually filed.

16 minute read February 25, 2010 at 08:01 AM
By
Kim Leffert and Michael P. Daly
Defending Spoliation Claims

Scenario: A large company finds itself defending against a contentious employment discrimination lawsuit. During discovery, the company's document production includes electronically stored information (ESI). Plaintiff alleges a gap in the ESI produced by the company and asserts that it resulted from the company's failure to implement an adequate litigation hold.

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