The landmark Zubulake e-discovery decisions were the first of many to transform a narrow duty not to spoliate into a much broader duty to affirmatively preserve all possibly relevant evidence when there exists a “reasonable anticipation of litigation.” But have these judicial opinions gone too far? In the December edition of Law Technology Now, Robert Owen, a partner at Sutherland Asbill & Brennan, says it’s time to shift gears and restore the balance. He talks with Monica Bay, editor-in-chief of Law Technology News, about his five proposed rules that he says will prevent substantial injustices, yet be comprehensive and comprehensible.
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