Comment Re:"It's automated" is not a valid defense (Score 1) 81
Not true. This is a civil case. The actual requirement is that you take steps to PRESERVE electronically stored information. This is in the Federal Rules of Civil Procedure - no court order required. If you fail to preserve the information, and the court finds that you did so to deprive the opposing party of the information (like, by saying you will preserve it but don't actually do it), then the court can instruct the jury to assume that the missing information was unfavorable to the party that deleted it.