Originally published on LinkedIn June 1st 2016
There is no such thing as perfection, particularly as it relates to the litigation process. This has been my mantra for years. Unfortunately I’ve seen far too many courts that seem to try and hold the parties to such a standard. Finally the 9th Circuit acknowledges that the new rule changes clearly eliminate any need or expectation for perfection.
However – that doesn’t mean you get to allow electronic data to be deleted and destroyed after you’ve indicated an intent to sue somebody. All too often plaintiffs seem to think the discovery and preservation rules only apply to the defendants, but the plaintiff in this case has learned the hard way that they also need to preserve their data. Matthew v Chrysler Group