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Identification and Preservation


The duty of (identification and) preservation is a foundational concept in our legal system that grows out of the common law concept of “spoliation,” which is more than 200 years old.  As we have seen in numerous contexts, however, ESI spoliation remains a frequent issue.  Hence the importance of the Identification and Preservation phases in an eDiscovery effort: almost every other type of failure can be fixed with adequate time and money, but once unique, relevant ESI is gone, it’s gone.


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