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Seeking a foundation in reasonableness, wrestling with the scope of preservation is often an exercise in finding an acceptable balance between offsetting the risks of spoliation and sanctions related to destruction of evidence, against allowing the business client to continue to operate its business in a somewhat normal fashion.
The Importance of Meet and Confer
Certain suggested standards and guidelines have been emerging to provide checklists for those preparing (and preserving) to respond to electronic requests for production. However, probably the most important and helpful development which has evolved in preservation is the mandate in FRCP and other state rules for the parties to meet and confer early in the discovery process to attempt to reach agreement on important issues of scope and responsibilities related to discovery...
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