Amended Rule 37(e): 1 Year Later

Law360, New York (January 17, 2017, 11:47 AM EST) -- Samantha L.Southall

Carrie G. Amezcua After a full year in effect, the amended Federal Rule of Civil Procedure 37(e), which addresses sanctions for spoliation of electronically stored information (ESI), has been tested in a variety of district courts.[1] A sampling of these decisions reveal that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information. Further, courts are issuing adverse inference instructions only where a lesser sanction would...
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