RQ Law Blog

Feds to Toughen Duty to Preserve

A proposed change to Rule 37 of the Federal Rules of Civil Procedure makes clear that electronically stored information must be preserved “in the anticipation or conduct of litigation” or a party will face sanctions.  What circumstances indicate that litigation should be anticipated, triggering the duty to preserve electronically stored information?  Courts have often discussed the obligation to preserve evidence that may be relevant to pending or imminent litigation in...
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1797 Hits