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To Preserve and Protect
Whether based on the common law, statutes/regulations or otherwise, the obligation to preserve potentially relevant documents is an important component of the U.S. judicial system and a key (and early) piece of the eDiscovery process. All too frequently, however, it is also the source of confusion, significant costs, intrusion into (and disruption of) business and personal affairs, and a wide range of sanctions. With that in mind, let’s take a brief look at recent developments touching on the duty to preserve.
Topics:
1. Gibson Dunn 2011 Mid-Year eDiscovery Update
2. Micron v. Rambus/Hynix v. Rambus
3. American National v. Campbell Insurance
4. E. I. du Pont de Nemours v. Kolon Industries
5. Civil Rules Advisory Committee
6. News Corporation, New York Post et al.
Tags: Backup tapes, Bad faith, Civil Rules Advisory Committee, Default judgment, Forensic analysis, Litigation hold, Preservation, Preservation trigger, Sanctions, Sanctions - adverse inference, Spoliation, Unallocated space
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