The Duty to Preserve: 'VOOM' One Year Later

, New York Law Journal

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In his State E-discovery column, Mark A. Berman, a partner at Ganfer & Shore, writes: While it is not possible to determine whether 'Voom' has altered corporate practices in preserving ESI, the few reported and unreported decisions citing to 'Voom' reveal that they provide clearer rulings dealing with issues involving the deletion of ESI as it relates to a party's obligation to preserve. In the spoliation context, decisions now emphasize timing and determining the appropriate specific sanction or remedy for ESI spoliation.

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