In Lunkenheimer Co. v. Tyco Flow Control Party Ltd., 2015 WL 631045 (S.D. Ohio Feb. 12, 2015), the parties disputed the date the defendant’s duty to preserve documents first arose.  The defendant was an Australian company that did not operate in the United States.  There was some evidence of email correspondence with the defendant suggesting potential litigation in 2002, but no lawsuit was initiated until 2011 when the plaintiff filed a complaint in the United States.  The court held that the defendant was “not excused from an obligation to preserve evidence simply because it is a foreign company.”  Nonetheless, the court held that “the only place litigation might at some point have been anticipated [by defendant] was in New South Wales, Australia—not Ohio or anywhere else in the United States.”  The court held that the defendant’s obligation to preserve documents under federal discovery rules did not arise until the defendant “reasonably anticipated litigation in the United States,” which the court held occurred when the defendant was served with the U.S. complaint in 2011.