Business Credit Company files a suit against City Developers, Inc., and seeks, as part of ‘discovery’, certain electronic documents in City Developers, possession. City Developers did not preserve the requested data, certain e-mail messages among employees. The court is not likely to sanction. City Developers for failing to preserve evidence if
a. The data was not saved because there was no reasonable anticipation on ligitation
b. The e-documents were destroyed when the suit was filed.
c. The e-mail messages were trashed when the discovery request was made.
d. The e-mail system was wiped clean to avoid revealing incriminating evidence.