Spoliation: The ramifications of the failure to preserve evidence

In this Inside Counsel article by Anne R. Myers and Eileen Monaghan Ficaro, the authors address the impact that proposed amended Rule 37(e) will have on the imposition of sanctions for the failure to preserve ESI. The authors note that while the change provides some clarity much is still left to the discretion of the court leaving counsel with the need to become familiar with how the failure to preserve varies in the jurisdictions in which they practice. Read the full article here.

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