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The recent trial between technology leaders Apple Inc. and Samsung Electronics Co. was closely followed by electronics consumers worldwide. The technology at issue was cutting-edge. However, the case, Apple v. Samsung Electronics, Civil Action 11-1846 (N.D. Cal 2012) (referenced opinions at Docket Nos. 1321 and 1894), also produced an e-discovery opinion that brings us back to the core of a party’s duty to preserve evidence in anticipation of litigation. In Apple, the court sanctioned both Apple and Samsung for their failures to preserve potentially relevant information when litigation was reasonably anticipated.

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