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E-discovery issues.(selected topic)
Business Credit
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October 01, 2008 |
Brown, Gillian; Scharf, Ilan |
COPYRIGHT 2008 National Association of Credit Management. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright
When your company intends to pursue a claim against a debtor that has filed for bankruptcy protection, your company 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 principle applies in all situations involving potential litigation. Once your company reasonably anticipates litigation (and the filing of a claim in bankruptcy should be considered anticipated litigation), it must suspend its routine document retention/destruction policy and institute a "litigation hold" to ensure preservation of documents relevant to the dispute. (1) Those relevant documents include ...
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