Think Before You Delete: Spoliation And E-Discovery

Law360, New York (October 31, 2011, 12:08 PM EDT) -- In a world where emails, text messages and voicemails have nearly replaced letters, the litigation discovery process is no longer as easy as simply opening up a file cabinet and copying all the documents that may relate to the claims in a lawsuit. Over the last several years, both lawmakers and courts have begun serious efforts to create laws that corral the "spoliation" (or destruction, alteration or failure to preserve evidence) of electronically stored information (commonly referred to as "ESI").

Courts are now sanctioning parties who...
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