When You Know, You Know | eLessons Learned

The duty to preserve evidence is normally triggered by the filing of a
lawsuit. However, the duty may arise even earlier when there is a mere
“possibility” of a lawsuit. Problems arise because the legal system has
grown more and more every day and lawsuits are always a “possibility”.
Thus, courts have found that when there is an unequivocal notice of
litigation, the party absolutely has a duty to preserve but there must be
more than just a mere “possibility” of a lawsuit for the duty to be
triggered.  Courts will determine when that duty arises based on the facts
of each individual case.

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Source: http://ellblog.com/?p=2681
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