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Important ESI Case Law

  • Broadcast in Legal
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A legal hold is a directive and an ongoing process to preserve ESI, documents or physical evidence when litigation is reasonably anticipated, imminent, pending or reasonable foreseeable. The following case law will put you on point so that you can make an intelligible argument at your Rule 26(f) Conference, or Case Management Conference in relation to the collection and preservation of ESI.Zubulake v. UBS Warbug: reasonably anticipates litigation.Pension Committe of the University of Montreal Pension Plan v. Banc of America Securities, LLC: failure to collect records from key players constitutes gross negligence.Victor Stanley v. Creative Pipe, Inc. "Victor Stanley II", where Judge Grimm outlined the law of spoliation which outlines his findings on the state of discovery law across the federal circuit courts.Common law and procedural rules in relation to the obligation to preserve evidence when litigation arises.For more information on relevant case law as it relates to ESI, contact A. Johnson & Associates, LLC at 888-502-0586 or www.ediscoverynow.net.DISCLAIMER: We are not attorneys. We are not engaged in rendering legal advice. If legal advice is required, the assistance of a competent, qualified legal professional should be obtained.