Law

Ninth Circuit Rules on Inherent Authority and FRCP 37(e)

The authors write "In this space nine years ago, nearly to the day, we analyzed the newly-enacted amendments to the Federal Rules of Civil Procedure relating to e-discovery. These amendments included ...
The National Law Review

The New Rule 37(e) Pushes Forward Re: Discovery and Civil Procedure

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
Law

Meet the New Rule 37(e): What 'Stinson' Reveals About the Rule

In Part I of this article, we discussed the revised Rule 37(e) of the Federal Rules of Civil Procedure, which took effect on Dec. 1, and how in January the Southern District of New York, in Cat3 v.
JD Supra

The Rules of Preservation: “Reasonable Steps” Under Amended Rule 37(e)

Amended Federal Rule of Civil Procedure 37(e), which takes effect on December 1, 2015, authorizes courts to impose sanctions if electronically stored information (ESI) is lost because a party failed ...
JD Supra

It’s Purple Raining Sanctions: Litigation Regarding Prince’s Estate Provides Framework for Determining When Sanctions Apply Under FRCP Rule 37(e)

You may have read my colleague Starling Underwood’s post on two recent Second Circuit decisions discussing sanctions for spoliation. If you have not, I encourage you to read it here. The two cases ...