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Prosecuting Spoliation Claims
by Anne De Geest Mayer Brown LLP - Chicago Office
Jason B. Fliegel Mayer Brown LLP - Chicago Office
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November 4, 2009
Previously published on October 30, 2009
A large company is defending itself in a breach of contract lawsuit. In order to prepare its defense, the company requests documents from the plaintiff that include electronically stored information (ESI). The company believes that plaintiff possesses certain emails and drafts of the contract that may refute plaintiff's interpretation of the contract. However, plaintiff has not produced the requested documents. The defendant company suspects plaintiff has failed to preserve the ESI on backup tapes, perhaps even intentionally.
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