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Medical Malpractice Law & Strategy

May 2007

The Dog Ate My Hard Drive

Preserving Electronic Evidence in the Post-Zubulake World

In recent years, electronically stored information — or “ESI” as it has come to be known — has become an increasingly “hot topic” during discovery. Many attorneys now include questions regarding ESI in their standard discovery requests, and several of the recently enacted amendments to the Federal Rules of Civil Procedure address ESI-related discovery. Therefore, clients and counsel alike must have a clear understanding of their obligation to preserve ESI and the proper process for doing so.

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