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The Association of Corporate Counsel (ACC) is the world's largest organization serving the professional and business interests of attorneys who practice in the legal departments of corporations, associations, nonprofits and other private-sector organizations around the globe.

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Your company may be or has been sued; now you must take steps to preserve documents. No task is potentially more important in terms of reducing both headline and economic risk. You face critical questions as to if, when, and how you should implement a document preservation notice and this panel of experts tackled them, such as: When and what type of investigation must a company undertake before determining that a threat is not credible and, therefore, that litigation is not “reasonably anticipated?” When is a corporate entity “on notice?” How do the courts view the parties’ efforts? Is good faith enough? Is prejudice required before sanctions will issue?

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