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Is Marking Documents as “Work Product” an Admission that the Duty to Preserve is Triggered?

E-Discovery LLC

Suppose, for example, that a lawyer prepares a memo for a client on the advisability of filing a civil breach of contract action, laying out theories of litigation, strengths and weaknesses of the case, and trial strategies. LLC , 283 F.R.D. 127, 131, 133-34 (E.D.N.Y.