The duty to preserve materials arises when a party acquires notice or should know that the materials are relevant to an existing litigation or investigation, or to reasonably anticipated future litigation or investigation.
Once the duty to preserve evidence attaches, the obligation to preserve evidence runs first to counsel, who then has a duty to advise and explain to the client its obligations to retain pertinent documents that may be relevant to litigation.
- ↑ Telecom Int'l America, Ltd. v. AT&T Corp., 189 F.R.D. 76, 81 (S.D.N.Y. 1999).