John Mellencamp sang, “I fight authority, authority always wins,” but inherent authority may not carry the day anymore when it comes to e-discovery sanctions under the new rules. Federal Rule of Civil Procedure Rule 37(e) now...more
For years, companies have battled different sanction standards for the failure to preserve documents. This led to over-preservation, where, to avoid accusations of “negligent” failure, companies preserved every shred of...more
3/2/2016
/ Adverse Inference Instructions ,
Corporate Counsel ,
Discovery ,
Duty to Preserve ,
Electronically Stored Information ,
Federal Rules of Civil Procedure ,
FRCP 37(e) ,
Sanctions ,
Securities and Exchange Commission (SEC) ,
Spoliation ,
Young Lawyers