November 03, 2011 Articles

For Young Lawyers: "Preservation" in the Constant Litigation Environment

In essence, the duty to preserve evidence turns on case-specific, fact-intensive inquiries of "when" and "what."

By Meaghan G. Boyd – November 3, 2011

By now, environmental practitioners are familiar with the general concepts governing the preservation of documents and information, including electronic documents and information, in the context of threatened litigation. “Identifying the boundaries of the duty to preserve [evidence] involves two related inquiries: when does the duty to preserve attach, and whatevidence must be preserved.” Zubulake v. UBS Warburg LLC, 220 F.R.D. 212, 216 (S.D.N.Y. 2003) (emphasis added). In essence, the duty to preserve evidence turns on case-specific, fact-intensive inquiries of “when” and “what.”


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