Confronting E-Discovery's 'Ill-Defined Preservation Obligation'
should clients simply preserve everything at the first sign litigation may
be forthcoming?
"My 3-year-old could give that advice," said David J. Walton, the co-head of
Cozen O'Connor's e-discovery task force. "Lawyers have to have the guts to
make the tough judgment because if you say preserve everything to a client
of any size, it will overwhelm you."
It's one thing to preserve the data and quite another to collect and produce
it all, he said.
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