When Did the Duty to Preserve Arise? – At Time of Plaintiff’s Pre-Suit Investigation
E-Discovery LLC
MAY 11, 2025
The date on which the duty to preserve is triggered is foundational to application of the spoliation doctrine. [1] It was addressed in Valmarc Corp. v. Nike, Inc., 2024 WL 5112441 (D. Or. 12/31/2024). Defendants, Nike and Converse, filed a motion requesting a determination that plaintiff Valmarc d/b/a Vi3 had spoliated evidence. Vi3s Complaint alleged in part that defendants had misappropriated Vi3s anti-counterfeiting technology.
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