Dennis Kennedy and George Socha are doing a new column about electronic discovery. Kennedy's announcement is here; the first column is here. A sample of the column:
Spoliation and its attendant issues, preservation and cost-shifting, are the big issues of the day. Failing to properly preserve electronic information can carry substantial penalties, as the producing parties (or non-producing parties, as it were) have learned in cases ranging from Linnen v. A.H. Robins , 10 Mass L. Rptr. 189 (Mass. Sup. Ct. 1999) to Zubulake v. UBS Warburg LLC, et al. , Oct. 22, 2003, S.D.N.Y. (Zubulake IV).
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