1. In Eastside Grocery Company’s suit against Fresh Foods, Inc., Fresh
seeks to discover electronically stored information (ESI) that should be
in Eastside’s possession. If Eastside did not preserve the ESI despite a
clear duty to do so, the company should most likely
a. ask the court to sanction Fresh for an unreasonable request.
b. reconstruct the ESI to the best of its ability.
c. refuse to provide the ESI on the ground that it is confidential.
d. settle the dispute.
1. When a dispute arises between Geo Biotech Corporation and
Hybrid Genetics Company, the firms retain a private judge to hear their
arguments and issue a ruling without the public scrutiny of a regular trial.
One of the potential long-term effects of such proceedings is
a. a decline in media reporting of regular court proceedings.
b. an increase in the application of the law in the genetics industry.
c. a strengthening of the biotechnology industry.
d. a weakening of the common law.