Talking to your client: 101 of ESI Preservation
"Due to the importance of discovery, courts take it very seriously. Especially the duty to preserve documents. Ever since Zubulake v. UBS Warbug, LLC, the threat of sanctions paid by a party has loomed the realm of discovery. Zubulake and its predecessors have brought into focus the question of when do you retain documents, how do you properly retain documents, and to what extent you are bound to preserve these documents.
What follows is a quick guide to starting that conversation with your client when the duty to preserve arises."
