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Town Sanctioned for Prejudicial Breaches of Duty to Preserve in Alleged Sexual Assault Case; Court Also Addresses Use of Personal Email by Council Members

E-Discovery LLC

As to “trigger,” see generally Is Marking Documents as “Work Product” an Admission that the Duty to Preserve is Triggered? Where the alleged spoliator acted either willfully or in bad faith, relevance is presumed; however, the presumption is rebuttable. citation omitted). 17, 2021); Triggering the Duty to Preserve ESI (Dec.