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Tag Archives: Spencer v. Luanda Bay Boys

Duty to Preserve Text Messages in Anticipation of Litigation

Under federal law, a party anticipating litigation has an affirmative obligation to preserve relevant documents and other tangible evidence.  With today’s prevalence of electronic data and devices, the scope of that duty as applied to electronically stored information (or “ESI”) is a frequently litigated issue and can give rise to sanctions if a party “fail[s] […]