Finding out: Lessons from the defamation lawsuit against Rudy Guiliani
Readers may have noticed news reports that on August 30, a federal judge declared Rudy Giuliani was on the losing end of a defamation lawsuit filed by two Georgia election workers. He had claimed they were involved in election shenanigans but ultimately, the accusation was baseless. But that isn’t why he lost. Rather, the judge declared him the loser because, in the court’s view, he failed to fulfill his obligations to preserve electronically stored information (ESI). Because ESI preservation issues arise in all lawsuits, we wanted to use the Rudy G case as an entry point for a discussion.
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