There was a time when the production of information in civil litigation primarily consisted of the exchange of hard-copy, paper records. Those days are long gone.
Now we live in an age that features all kinds of electronic data. It is critical to get it correct when it comes to Electronic Discovery - as the downside consequences for getting it wrong can be severe.
Duane Morris reports that as soon as litigation happens or is reasonably believed to be on the horizon, it is imperative to implement a "legal hold" to preserve potentially relevant data. In this way, relevant data will not be destroyed. The failure to preserve relevant data can lead to charges of spoliation of evidence. Actual spoliation can lead to court orders excluding
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