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‘Pippins’ and the Proportionality Debate
Pillsbury Winthrop Shaw Pittman’s Wayne Matus, John Davis and Peter Ostrovski write: The obligation to preserve potentially relevant documents when litigation is reasonably anticipated is well-settled and well-known. However, the scope of that obligation is not clear. Should the concept of proportionality apply to preservation obligations? And, if so, how do you apply it? U.S. District Judge Colleen McMahon of the Southern District of New York recently added her views to the debate, providing useful lessons in evaluating and applying proportionality analysis to preservation obligations.
