The Purpose Of Proposed Rule 37(e)

Law360, New York (June 09, 2014, 4:24 PM ET) -- A new proposed Rule 37(e) on the failure to preserve electronically stored information (“ESI”) was adopted by the Committee on Rules of Practice and Procedure at its meeting on May 29-30, 2014. The new rule differs from the proposed rule published for comment in August 2013, which generated 2,345 written comments. This article provides background on the new rule, sets forth its text, and discusses some of the highlights of the approved committee note.

The new rule focuses on curative measures, authorizing a court to employ...
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