New Rule 37 (E): ESI in the Courtroom

Courts are figuring out when to impose ESI sanctions

Courts are figuring out when to impose ESI sanctions

On December 1, 2015, Rule 37(e), the new Federal Rule of Civil Procedure, became part of federal litigation law in order to address the problem of disparate circuit court rulings regarding the failure of a party to preserve electronically stored information (ESI). Despite the intent to homogenize ESI rulings, decisions handed down during the past three months seem to suggest that the courts are still grappling with the proper application of the new rule.

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