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LJN's Equipment Leasing Newsletter

May 2008

Future Avoidance Litigation: A Debtor’s Obligation to Preserve Electronic Data

By Norman N. Kinel and Timothy A. Solomon

Part One of this article discussed the facts of the Nortel case in detail and analyzed some of the many novel substantive legal issues relating to the pre-petition equipment returns that constituted a large portion of the transfers at issue. This second installment discusses some of the complex issues that arose in connection with discovery of electronic documents in the Nortel case.

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