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
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