Atif Khawaja ()
Information management in a big organization is a big job. And because it’s a job that revolves around computers, there are any number of things that can go wrong. Hard drives crash. Employees leave, with no one remembering what happened to their computers. Business divisions or subsidiaries decide, for one reason or another, to store their own data separately and away from your backup drives. The legal standard for spoliation is clearer in some jurisdictions than it is in others. But wherever one happens to be litigating, decisions on the destruction of ESI (i.e., electronically-stored information) are often highly fact-specific, nuanced, and technical. As a result, those decisions can also be unpredictable.
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