Commercial Litigation and Arbitration

Electronic Discovery & Spoliation — The 10 Questions to Ask at the Beginning of Any Engagement

1. Who are the key players?

2. Where is the electronically-stored information (ESI) that they generate?

3. Where else is relevant ESI stored?

4. How is it organized?

5. How difficult is it to retrieve?

6. How costly is it to retrieve?

7. Who has custody of it?

8. Who is most familiar, technologically, with it?

9. What has been done to preserve it?

10. What record has been made of the preservation effort?

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