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A Spoliation Ace in the Hole

       A district court case decided last month shows how a company’s email retention and litigation hold policies can affect claims of spoliation by adverse parties in litigation. In Danny Lynn Electrical v. Veolia ES Solid Waste, No. 2:09CV192-MHT, 2012 U.S. Dist.

Posted in Articles

Weighing Burdens and Benefits in Hard Drive Preservation Dispute

Although deleted data can be recovered – perhaps at significant cost – destroyed data is likely gone forever. Perhaps it is for this reason that a recent federal court was reluctant to apply a strict proportionality test to a preservation dispute.

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Posted in Articles, electronically stored information, preservation
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