Editor’s Note: This article was chosen in the second annual blind competition by the Arizona State University-Arkfeld E-Discovery and Digital Evidence Conference. Henry also won in 2014. The 2015 winners have been invited to present their papers during the conference, March 11-13 at ASU’s Sandra Day O’Connor College of Law in Tempe. Monica Bay, LTN’s editor-in-chief, also will be speaking at the conference.

Preservation requires parties to ensure that electronically stored information “is protected against inappropriate alteration or destruction,” states the Electronic Discovery Reference Model. Collection, on the other hand, entails “gathering ESI for further use in the e-discovery process,” EDRM continues.

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