United States:
The New Texas Two-Step: Texas Supreme Court Articulates Evidence Spoliation Framework
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Spoliation of evidence has, for some time, remained an important
topic relating to the discovery of electronically stored
information. Many companies continue to struggle with the burden
and expense of various retention requirements in the era of
"big data." However, a recent Texas Supreme Court
decision may bring clarity to companies concerned about their
preservation obligations. On July 3, the Texas Supreme Court
articulated a complete analytical framework to guide Texas courts
in evaluating arguments regarding the spoliation of evidence. The
decision brings clarity to Texas law, though not without a few
points of uncertainty.
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