Preserving ESI in N.J. Federal Court
In the District of New Jersey, "[t]he duty to preserve evidence arises when
a party reasonably believes that litigation is foreseeable and, as such,
may arise many years before litigation commences." *Medeva Pharma Suisse
A.G. v. Roxane Lab*<http://scholar.google.com/scholar_case?case=10948072016741658902&hl=en&as_sdt=2&as_vis=1&oi=scholarr>2011
WL 310697 (D.N.J. Jan. 28, 2011). "While a litigant is under no duty
to keep or retain every document in its possession, even in advance of
litigation, it is under a duty to preserve what it knows, or reasonably
should know, will likely be requested in reasonably foreseeable
litigation." *Sanofi*, at *1, 3.


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