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With the proliferation of e-mail, data, and other electronically stored information (ESI), litigators increasingly are forced to contend with difficult preservation issues. In order to win a case, litigators need to know the ins and outs of this high-stakes area of law. Preserving Electronically Stored Information: A Practical Approach, 2013 Edition, the second volume in the Electronic Discovery Portfolio Series, is the resource litigators can count on for answers to preservation questions and guidance on ESI issues. This book offers the most up-to-date information on the preservation of electronic evidence, covering the subject from start to finish and addressing the when, where, and how of a party’s preservation obligations. The portfolio digs deep into key preservation issues, including anticipating litigation, spoliation, determining the scope of preservation, and sanctions when preservation efforts fail.
The 2013 Edition provides important new information, including a discussion of the Second Circuit’s decision in Chin v. Port Authority of New York and New Jersey, rejecting the notion that failure to institute a litigation hold constitutes gross negligence per se; and an updated list of spoliation sanctions.
Exploring complicated topics in a truly functional manner, this portfolio provides in-depth examples and scenarios along with incisive legal and practical pointers. It also includes worksheets, such as a sample litigation hold notice, sample discovery requests, and model agreements governing preservation of electronically stored information. The 2013 Edition provides the latest updates on recent case law, offers practical tips and forms, and contains indispensible insights from seasoned e-discovery practitioners.
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