The 'New Normal' In ESI Preservation Duties: Part 1

Law360, New York (February 2, 2011, 1:10 PM EST) -- Recently, two prominent federal judges issued must-read opinions centered around a party’s obligation to preserve potentially relevant electronically stored information (ESI). While Judges Shira A. Scheindlin and Lee H. Rosenthal articulated somewhat differing analytical frameworks for assessing a party’s degree of culpability in the spoliation context, both make clear that the duty to preserve means what it says.

Failure to understand the now “well-established” discovery principles, recognized by courts on the whole since the issuance of the oft-cited Zubulake opinions and the 2006 amendments to the...
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