All parties to a lawsuit are supposed to preserve documents and data once they reasonably anticipate litigation. We all know that does not always happen. Hackers and data thieves try to cover their tracks, intentionally destroying relevant data. But sometimes it’s a crime of negligence, allowing valuable data to be written over in the ordinary course of business operations. When evidence is in genuine danger of being lost, one cannot wait until a Rule 26 conference to discuss how data were — or more likely were not — preserved.
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