The significant growth in the volume and complexity of e-discovery has brought about an inevitable increase in scrutiny over the obligation to preserve and produce relevant electronically stored information (ESI). Given the sheer number of cases that now involve large amounts of ESI, the escalating trend of asserting and defending claims of spoliation should come as no surprise.
The attendant threat of sanctions—ranging from awards of attorney’s fees and costs to default judgment—provides yet another compelling reason for counsel and clients alike to work toward good-faith compliance with e-discovery obligations.
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