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Once the duty to preserve evidence has been triggered, the scope of the preservation obligation is the next issue for an organization to consider. Although there are guidelines from case law discussing the scope of the preservation duty, the cases are not consistent across the states, the federal circuits or even in individual district courts. As a result, organizations vulnerable to litigation in more than one jurisdiction, “cannot look to any single standard to measure the appropriateness of their preservation activities, or their exposure or potential liability for failure to fulfill their preservation duties,” according to the decision in Victor Stanley, Inc. v. Creative Pipe, Inc.

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