An Update On Spoliation Sanctions Under Rule 37(e)

Law360, New York (July 14, 2016, 11:57 AM EDT) -- Manuel J. Velez

Colleen Tracy James On Dec. 1, 2015, the latest amendments to the Federal Rules of Civil Procedure went into effect. Those amendments included changes to Rule 37(e), which addresses the sanctions for failure to preserve electronically stored information. Before amended Rule 37(e) became effective, legal commentators predicted that litigators would have a harder time obtaining sanctions under the amended rule because the proposed amendments would raise the standard for sanctions in many jurisdictions. In this article, we describe the rule change and explore how federal district courts have dealt with the amended rule during its first six months,...

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