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We know there is no general duty to preserve evidence before litigation is reasonably anticipated, so the trick is to determine what facts the court will consider when determining when that duty attaches. For an individual or company that initiates litigation, the obligation to preserve relevant evidence may be triggered before a lawsuit is commenced. Triggering events may include seeking advice of counsel, sending a cease and desist letter, or taking specific steps to initiate specific legal action. See, e.g., Hynix Semiconductor Inc. v. Rambus Inc. (sanctioning company that destroyed documents while strategically planning to bring a specific lawsuit).  

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