A duty to preserve represents a legal requirement to maintain relevant records. Hence, the trigger of the duty to preserve is material. The only non-treacherous or non-arbitrary trigger is service of a lawsuit. But in our jurisprudence, that is not the rule that is followed.

In the paper world, the preservation standards are straightforward. Paper documents usually are maintained for several years for tax or other reasons. In a pre-litigation context, it usually does not matter when the duty to preserve attaches because the paper documents are in a file cabinet or central storage somewhere.

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