eDiscovery Guide
Preservation Articles
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Because the duty to preserve is one that hinges on the timing of its attachment, it is of vital importance to be proactive in preparing an environment in which compliant preservation will be possible. -
Be ready with all arguments on what is reasonable to preserve and what is not. -
A brief discussion of the duty to preserve relevant and material evidence is appropriate. -
It is becoming commonplace for a party who seeks information in a dispute to issue a preservation letter to the adverse party. -
Preservation for electronic discovery has become a complicated, multi-faceted, steadily-changing concept in recent years. -
When considering the scope of the preservation obligation, it should be noted that not all cases are created equal. -
When the Duty to Preserve Relevant Materials Arises Below are examples of when the duty to preserve is triggered. Generally, When Litigation or an Investigation is "Reasonably Anticipated" The duty to preserve materials arises when a party acquires notice or should know that the materials are relevant to an existing litigation or investigation, or to reasonably anticipated future litigation or investigation. -
A list of supporting resources by type.