• 9 minutes

Spoliation of ESI and Penalties - Rule 37(e)


Keep calm and take reasonable steps.

The changes to Rule 37(e) were to clarify the test for sanctions when electronically stored information was not preserved. The changes were needed to be more in line with the realities of modern life and modern practice with the amount of email and electronic information. They were also needed to clarify what the standards are for failures to preserve. This video reviews why Rule 37(e) may not apply to all discovery disputes over failure to preserve; and discusses emerging trends when determining sanctions for lost ESI.

Runtime: 9 minutes



Jennifer FitzGerald

Jennifer FitzGerald


  • Senior Corporate Counsel, Litigation, MSA – The Safety Company
  • Involved in managing litigation portfolio for publicly traded global safety equipment manufacturer
  • Former Jones Day litigator with practice emphasizing all aspects of business and tort litigation, including complex commercial disputes and matters involving eDiscovery
  • Has conducted multiple seminars on the recent amendments to the Federal Rules, and has co-authored publications addressing the amendments and noteworthy post-amendment trends in federal courts
  • Graduate of New York University School of Law and former law clerk to the Hon. Morton I. Greenberg of the U.S. Court of Appeals for the Third Circuit and the Hon. William J. Martini of the U.S. District Court for the District of New Jersey
Margaret Gleason

Margaret Gleason

Jones Day

  • Partner in the Pittsburgh office of Jones Day
  • Broad litigation practice that includes prosecuting and defending complex commercial matters in state and federal courts and in U.S. and international arbitrations
  • Co-Chair and member of the federal court Local Rules Advisory Committee for the U.S. District Court for the Western District of Pennsylvania
  • Practice includes managing and litigating complex discovery and eDiscovery matters
  • Graduate of Yale Law School and former law clerk to the Hon. Joy Flowers Conti, Chief Judge of the U.S. District Court for the Western District of Pennsylvania
No photo available

Ashley Heintz

Jones Day

  • Associate in the Atlanta office of Jones Day
  • Litigation practice includes defending officers, directors, and corporations in high-stakes securities litigation and shareholder disputes and other commercial litigation
  • Has conducted seminars and trainings on the recent amendments to the Federal Rules, and has co-written publications addressing the amendments
  • Graduate of The University of Georgia School of Law and former law clerk to the Hon Clay D. Land, of the U.S. District Court for the Middle District of Georgia

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