What You Need to Know About the New Rule 37(e)
Written By
Ariana J. Tadler
and Henry J. Kelston
“The Proposal was reduced to a simple and less ambitious rule designed to resolve a split among the federal circuits about the level of culpability required for sanctions for ESI spoliation”
“Despite the brevity and simplicity of Rule 37(e) on its face- particularly compared with earlier versions- there will be no shortage of motion practice over its application”

