Is Marking Documents as “Work Product” an Admission that the Duty to Preserve is Triggered?
E-Discovery LLC
NOVEMBER 5, 2024
Generally, work product protects certain information prepared in anticipation of litigation. And, generally, the common-law duty to preserve is triggered when litigation is reasonably anticipated. 26(b)(3) protects “things that are prepared in anticipation of litigation or for trial” and Fed.R.Civ.P. emphasis added].
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