Internal Procedures Face E-Discovery Too

Law360, New York (March 5, 2009, 12:00 AM EST) -- Insurers face e-discovery challenges on a regular basis. Most often, it arises in the context of claims against their insureds, being defended by insurer-retained defense counsel.

In that context, given cases such as Zubulake v. UBS Warburg LLC, 229 FRD 422 (S.D.N.Y. 2004), which require outside counsel to advise a client about the need for a litigation hold, and to discuss the steps to be taken to preserve electronically stored information (“ESI”), insurers must deal with the expense incurred on behalf of their insureds to preserve,...
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