Judicial Conference voted to approve the proposed amendments to the FRCP for public comment, the amendment to Rule 37(e) is the most relevant
Colorado Court Deems Loss of ‘Key Player’s’ Evidence a Sanctionable Offense in Hart v. Dillon
Court rules that failure to preserve data to be grossly negligent or willful in Hart v. Fillon Cos.
Proposed Rules Changes Seek to Standardize Sanctions for Spoliation
Proposed amendment to Rule37(e) seeks to limit sanctions in cases of spoliation
Solid Preservation Policy Turns Back Defendants’ Motion for Sanctions in New York
RF SUNY had a solid policy in place, issued timely legal holds, and audited custodial compliance so they were able to repel sanctions for spoliation.
Kirgan v. FCA LLC – Rule 1: Preserve ESI When Litigation is Forthcoming. Rule 2: Don’t Mislead When Breaking Rule 1, or Sanctions Will Follow
Court issues adverse inference instruction after defendant ignored preservation order and issued false testimony, to educate on compliance.
New York and Delaware State Courts Address Preservation in New Ediscovery Rules
In the month of January, two influential state court systems introduced measures to improve the handling of electronic discovery. Both New York and Delaware are moving toward the standards outlined in the Federal Rules of Civil Procedure.
