E-Discovery Issues

Business Credit
October 2008

A company that intends to pursue a claim against a debtor in bankruptcy should pay particular attention to retaining not only its paper trail relating to the claim, but also all of its electronic data relating to the claim. This article explains what electronically stored information (ESI) is, a litigant’s obligation to preserve ESI, who pays for producing ESI, and some of the risks regarding waiver of attorney-client privilege when producing ESI.

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