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Federal Rules of Civil Procedure › Motion for Sanctions › Electronically Stored Information

EDRM - Electronic Discovery Reference Model

No Sanctions for Resetting Two Cellphones on Facts Presented; and, Social Media Posts Supported Dismissal

EDRM - Electronic Discovery Reference Model on

In Wenzler v. U.S. Coast Guard, 2025 WL 1445805 (Mar. 20, 2025), Wenzler alleged that he had been disenrolled from the voluntary U.S. Coast Guard Auxiliary based on his speech on social media.  Wenzler unsuccessfully asserted...more

Array

‘Document Dumps’ Can Lead to Court Sanctions. An eDiscovery Partner Can Help Organize Your Data

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During eDiscovery, parties typically expect to receive productions of documents in the form requested or in the form mandated by the Federal Rules of Civil Procedure. Under Rule 34, the documents must be produced “as they are...more

Troutman Pepper Locke

New Best Practices Under E-Discovery Spoliation Rule

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As the volume of electronically stored information, or ESI, subject to discovery has exploded, allegations of spoliation have multiplied. Before the 2015 amendments to the Federal Rules of Civil Procedure, courts relied on...more

Eversheds Sutherland (US) LLP

Three Million Reasons to Understand the New Federal Rules: Deleting Emails Results in Multi-Million-Dollar Rule 37(e) Sanction

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On July 12, a federal district court imposed a $3 million punitive sanction pursuant to the recently amended Federal Rule of Civil Procedure 37(e). GN Netcom, Inc. v. Plantronics, Inc., No. CV 12-1318-LPS, 2016 WL 3792833 (D....more

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