Comments on: Think twice before deleting that e-mail /news/2009/10/15/think-twice-before-deleting-that-e-mail/ Building and Construction News in Portland, Oregon and the Pacific Northwest Fri, 16 Oct 2009 15:22:58 +0000 hourly 1 https://wordpress.org/?v=6.6.6 By: Phil Cahan /news/2009/10/15/think-twice-before-deleting-that-e-mail/#comment-1095 Fri, 16 Oct 2009 15:22:58 +0000 /?p=42639#comment-1095 It is worth noting that a duty to preserve not only exists “when litigation is pending or imminent” but also when litigation is “reasonably anticipated.”

An example case is Broccoli v. Echostar Communications Corp., 229 FRD 506 (D. Md., Aug. 4, 2005). Echostar discussed the need to preserve ESI when “related to actual or reasonably anticipated litigation, government investigation, or audit.” For example, if an employee complains about harassment, any related ESI should be retained as reasonably anticipated litigation.

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