Judge Clarifies ESI Preservation Duty and Spoliation Consequences

, New York Law Journal

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In his E-Discovery column, Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes: Even if it turns out that some ESI is beyond the scope of discovery, that does not mean it can be disposed of before that determination has been made, and while the cost of preserving all this information can certainly be high, the costs of improperly destroying it may be far higher. A recent decision serves as a reminder of how the process can go wrong.

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