In recent years, many courts, including the Georgia appellate courts, have addressed the issue of what triggers the duty of a party to preserve potential evidence for a dispute. In an era of proliferating electronic documents, that issue has become even more pressing. In a number of cases, the Georgia Court of Appeals held that a potential defendant did not have a duty to preserve potential evidence until a potential plaintiff gave notice of a possible claim. In Phillips v. Harmon, Case No. S14G1868 (decided June 29, 2015), the Georgia Supreme Court rejected that bright line test. That decision may… Read more