Second Circuit Rejects Bright-Line Test for Failure to Issue Hold Notice

, New York Law Journal


Vivian Maese, Ben Barnett and Lindsey Stelcen of Dechert analyze a decision that resets the standard for conduct of litigants in the Second Circuit with respect to the preservation of documents and data in litigation, and, more broadly, may reflect a rising level of appellate skepticism about the creation of hard-and-fast prospective rules in the area of e-discovery separated from the facts of individual cases.

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