Avoid Spoliation Anxiety With Litigation Readiness Plans
Law360, New York ( February 4, 2015, 10:30 AM EST) -- Business litigants routinely fear that their electronically stored information will be lost or destroyed, resulting in expensive motion practice and potentially crippling remedial or punitive measures. This anxiety over lost ESI has resulted in a custom of over-preservation, wherein businesses spend millions of dollars a year to "preserve everything" at the slightest hint of litigation. The proposed amendments to the discovery provisions of the Federal Rules of Civil Procedure are designed to alleviate these concerns by introducing concepts of proportionality and reasonableness into the scope of discovery and preservation obligations — and by requiring a showing of bad faith before a court can impose the most severe remedial or punitive measures for lost ESI....
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