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“How Corporate Lawyers Made It Harder to Punish Companies That Destroy Electronic Evidence”

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How Corporate Lawyers Made It Harder to Punish Companies That Destroy Electronic Evidence” —

  • “In the early 2000s, a series of civil lawsuits against giant corporations illustrated the disastrous consequences that could ensue if a defendant failed to provide electronic evidence such as company emails or records.”
  • “Big corporations rallied for changes and got them. In 2006, the rules that govern federal litigation were changed to create a ‘safe harbor’ that would protect companies from consequences for failing to save electronic evidence as long as they followed a consistent policy and, when put on notice of imminent litigation, preserved all relevant materials.”
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