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E-Discovery Abuses Result in Permissive Adverse Inference Instruction

At 3:40 on the morning of April 3, 2003, Tamara Greene, an exotic dancer, was shot multiple times and killed while sitting in a car at the intersection of Roselawn and West Outer Drive in Detroit. According to the complaint filed

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Posted in Adverse, Destruction, Instruction, Permissive

Cost-Benefit Analysis Adopted by the New York Supreme Court for Determining When a Nonparty Must Undertake the Burden and Expense of Recovering Deleted ESI

The production of electronically stored information (“ESI”) that has been deleted is potentially very expensive and time consuming. Often outside computer forensics experts are required to assist with the recovery of the deleted data and the routine business of the party

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Posted in Articles, ESI, nonparty, state, York

When Does the Duty to Preserve Electronic Evidence Arise?

The duty to preserve electronic evidence is triggered once a party “reasonably anticipates” litigation. Silvestri v. GMC, 271 F.3d 583, 591 (4th Cir. 2001);  Pension Committee of the Univ. of Montreal Pension Plan v. Banc of Am. Securities, LLC, 685 F.

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Posted in Articles, duty, evidence, preserve
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