Drinker Biddle
5/20/2009
Outlier or Harbinger? Recent Case Invents New Preservation and Information Management Duties for Corporations
Digital Discovery & E-Evidence
David Kessler

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Businesses and other large data-producing entities – already struggling with the challenges of managing exploding volumes of electronically stored information and, if they are regular litigants, the American philosophy of full pretrial disclosure – might now have a new cause for concern. A federal court decision out of the U.S. District Court for the District of Utah will, if followed by other courts, vastly expand companies’ duties to manage their data and preserve it for possible future litigation.

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