Posts tagged esi

esi, Zubulake

NY Adopts Zubulake E-Discovery Standard

By InfoLawGroup LLP on February 10, 2012

Last week NY's most prominent state appellate level court formally fully adopted the Zubulake standard for e-discovery. The entire opinion is worth a careful read, as although the First Department noted that it previously "adopted the Zubulake standard when reviewing a motion for spoliation sanctions involving the destruction of electronic evidence" it had not previously addressed the issue of when a party reasonably anticipates litigation and the resulting duties and obligations that flow from this determination. Now it has.