...For those of us who practice regularly in the ediscovery realm, the December 1, 2015 amendment to Rule 37(e) was a much needed game-changer. In simple terms, amended Rule 37(e) eliminated the risk of the severest sanctions...more
5/15/2018
/ Amended Rules ,
Destruction of Evidence ,
Discovery ,
Discovery Disputes ,
Duty to Preserve ,
e-Discovery Professionals ,
Electronically Stored Information ,
Email ,
Federal Rules of Civil Procedure ,
FRCP 37(e) ,
Gross Negligence ,
Information Technology ,
Proportionality ,
Rule 11 ,
Sanctions ,
Special Master ,
Spoliation
Manufacturers involved in litigation must properly preserve electronically-stored information (“ESI”) or potentially face daunting sanctions. A recent antitrust case, however, demonstrates that lessons—multi-million dollar...more