Spoliation of ESI Risks Criminal Prosecution

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A prime topic for discussion at the Executive Counsel eDiscovery briefings continues to be the interaction between the various Electronic Discovery (“eDiscovery”) process stakeholders. Effective collaboration is needed among individuals and groups from: the client organization’s business side and legal department; the law firm retained as outside litigation counsel; the technology/processing bureau or vendor; and the reviewers’ bureau or vendor.

As those folks play out their respective roles throughout a lawsuit or other legal proceeding, their efforts to toward achieve the salient goals can be fraught with potential pitfalls. When it comes to electronically stored information (ESI) in lawsuits, the pertinent yin and yang consist of striving to...

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