Outside Counsel

An Ounce of Prevention: Accidental Destruction of ESI Is Serious Business

, New York Law Journal


Atif Khawaja writes: The legal standard for spoliation is clearer in some jurisdictions than it is in others. But wherever one happens to be litigating, decisions on the destruction of ESI are often highly fact-specific, nuanced, and technical. As a result, those decisions can also be unpredictable. A recent Court of Appeals decision is a case study in the consequences of technological mishaps and corporate miscommunications.

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