http://bit.ly/9X0PjE

Here's one that could have implications on anyone producing ESI as a result
of a discovery action.  Granted, this is in a single jurisdiction, but...

...confirmatory discovery is discovery, and that attorneys may not rely upon
a defendant to search his/her own email....attorneys appearing before the
Court of Chancery have an affirmative obligation to go wherever the
electronically stored information is located, to be physically present to
ensure that the collection is done properly, and to collect relevant
documents even if located on a personal computer.

With regard to preservation... whether adequate measures had been taken to
ensure that relevant electronic information had been properly preserved....
recommended (but did not require) that defense counsel take additional steps
to image the computer drives in question, perform forensic checks, and
conduct searches, to make sure that relevant data had not been lost. He
further advised counsel to check auto-delete settings during the course of
the collection process.

Larry
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[Yes, it's really me =) ]

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