Thursday, February 16, 2012

There is No "Small Company" Excuse to the Duty to Preserve Emails or other Electronically Stored Information (ESI)



http://ow.ly/96MSE

An article by Esteban Herrera, Jr. posted on the Louisiana Law Blog.

This article discusses the preservation obligations associated with the discovery phase of litigation, and the associated eDiscovery obligations of preserving electronically stored information.

The article discusses a recent specific case, and states, "Even for a “small company,” the failure to comply with discovery obligations to preserve electronically stored information (ESI) can be dangerous. The case of Perez v. Vezer Industrial Professionals, Inc. 2011 WL 5975854 (E.D. Cal. 2011) involved a truck accident, but the lawsuit quickly reached the point where the plaintiff sought a default judgment against the defendant for failure to preserve emails and other ESI."

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