In FDIC v. Malik,2012 U.S. Dist. LEXIS 41178 (E.D.N.Y. Mar. 26, 2012) the Court found that  former lawyers for a mortgage company had an ethical obligation and legal duty to preserve e-mails relating to their prior representation of a mortgage company, and their failure to do so may result in an adverse instruction.

http://arkfeld.blogs.com/ede/2012/04/court-considers-ethical-issues-and-adverse-inference-sanction-for-failing-to-preserve-former-clients.html

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