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Expert Analysis

Document Preservation Notices — 4th Amendment Violation?

Law360, New York ( January 10, 2014, 10:56 AM EST) -- The enforcement staffs of many federal regulatory agencies can compel document production — but only if a relatively senior agency official approves a formal investigation. Anecdotal evidence suggests, however, that enforcement staff are increasingly issuing document preservation notices during an investigation's early stages, before any formal order of investigation. These preservation notices can saddle recipients, even mere witnesses, with broad, far-reaching and expensive document retention obligations. Without any practical redress available, recipients have little choice but to comply....

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