Discovery and Preserve Information of Electronic Reopening of Insolvency Proceedings in the Case of Legal Persons and its Liquidation: a Study of its Legal Regime Enrique Gadea Soler The influence of the people’s will in Constitutional Interpretation. An

  • Antonio Evaristo Gudín Rodríguez-Magariños
Keywords: e-discovery, inadvertent privilege waiver, electronic evidence

Abstract

The incorporation of electronically stored information to lawsuit is one of the most pressing issues in American law. The enormous volume of information contained in the computer media has implied a review of the parties’ procedural rights and duties, to create a special duty of care to preserve information. The change that were made law by amendment of December 2006 and continues by amendment of January last year 2009, has led now, that this duty will be contravened not only when the parties face to a particular process but also when it is expected that it can take place. As a result of which, this duty purely procedural, it has been extended to all areas of law like the protection of personal data, accounting issues, administrative matters, etc. given that the judicial prosecution of these matters can be always possible.

Published online: 05 December 2014

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Author Biography

Antonio Evaristo Gudín Rodríguez-Magariños
Doctor en Derecho.Secretario del Juzgado Central de Instrucción N.º 6 de la Audiencia Nacional de España
Published
2014-12-05
How to Cite
Gudín Rodríguez-Magariños, Antonio Evaristo. 2014. “Discovery and Preserve Information of Electronic Reopening of Insolvency Proceedings in the Case of Legal Persons and Its Liquidation: A Study of Its Legal Regime Enrique Gadea Soler The Influence of the people’s Will in Constitutional Interpretation. An”. Estudios De Deusto 58 (2), 205-45. https://doi.org/10.18543/ed-58(2)-2010pp205-245.
Section
Studies