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Prosecuting Spoliation Claims
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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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The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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