Don’t Free Fall on the Duty to Preserve
Joshua Gilliland
DECEMBER 30, 2015
Determining when a party “knew or should have known that litigation was imminent” is often a free fall into analyzing the facts of when a party had notice of a lawsuit. Bow Tie Thoughts The triggering event for the duty to preserve electronically stored evidence is not always as clear as an accident. This is one of those times.
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