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  3. |Bloomberg BNA: Overpreservation in Response to the Duty to Preserve: Fact or Fiction or Both?

Bloomberg BNA: Overpreservation in Response to the Duty to Preserve: Fact or Fiction or Both?

Event | 06.26.12, 12:00 AM UTC - 12:00 AM UTC

What happens when the duty to preserve is “triggered” and, in response, an organization must preserve, among other things, large volumes and/or multiple “forms” of electronically stored information (ESI)?


Many argue that “overpreservation” of ESI is now the norm. When an organization reasonably anticipates the prospect of litigation, often before a formal complaint, the organization, out of fear of a subsequent allegation of spoliation, preserves “everything,” at an enormous cost.


Is this true? Or is overpreservation a rallying cry for those who would limit discovery? What role does or should proportionality have in the decision of what to preserve? Can this issue be addressed through changes to Rules of Procedure or other legal developments? This program explores these and related questions.


Jeane Thomas is one of the panelist at this webinar.


For more information, please visit these areas: E-Discovery and Information Management

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Event | 02.20.25

Has the Buss Stopped? Recoupment Today

Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.

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