An Ounce Of Prevention For Problems With No Cure

Law360, New York (March 29, 2011, 1:10 PM EDT) -- As a federal district court judge in Texas recently observed, “Spoliation of evidence — particularly of electronically stored information — has assumed a level of importance in litigation that raises grave concern.” Rimkus Consulting Group Inc. v. Cammarata, 688 F. Supp. 2d 598, 607 (S.D. Tex. 2010).

Spoliation is the destruction, mutilation or alteration, whether deliberate or inadvertent, of evidence that may be necessary for the prosecution or defense of a lawsuit. Although recent cases have focused on the deletion of emails and other electronic information,...
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