While the 2015 amendments to the Federal Rules of Civil Procedure (FRCP) were hailed as a catalyst for bringing law into the modern era, counsel and judges alike struggle to keep pace with the change wrought by technology’s increasing advancement. One arena that remains murky in civil litigation is data preservation, a task increasingly complicated by mass proliferation of data and the devices that produces and stores it.
While methods of data production have advanced tremendously in recent years, the most influential rulings around preservation remain those made over a decade ago in Zubulake v. UBS Warburg . Widely regarded as a landmark case in e-discovery, its influence resonates in law schools and seminars across the nation, is cited in the FRCP amendments, and set the standard for preservation.
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