Best Practices For Avoiding Spoliation

Law360, New York ( June 22, 2015, 4:13 PM EDT) -- Commercial litigation often involves the production of massive amounts of paper and electronic documents, and modern business practices are likely to guarantee that electronically stored information will remain the subject of evolving discovery rules and court decisions for the foreseeable future.[1] Litigants, however, should not discount the importance of ensuring that physical evidence is properly preserved and maintained in accordance with the rules as well. This article addresses the appropriate steps that a litigant should take to preserve evidence and to ensure that the opposing party does the same....

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