New York's 1st Department Weighs In on ESI Preservation
The New York Appellate Division, 1st Department, recently issued two
decisions that provide critical guidance as to when electronically stored
information must be preserved and the legal ramifications of the failure to
do so. In addition, a recent trial court decision found that an assertion
that there was no additional ESI to be produced needed to be supported by
an expert affidavit indicating what computer systems were searched, when
the search occurred, what types of ESI was searched for, and what search
was performed.


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