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Expert Analysis

New Best Practices Under E-Discovery Spoliation Rule

By Matthew Hamilton and Donna Fisher ( August 30, 2019, 1:13 PM EDT) -- As the volume of electronically stored information, or ESI, subject to discovery has exploded, allegations of spoliation have multiplied. Before the 2015 amendments to the Federal Rules of Civil Procedure, courts relied on their inherent authority to control litigation before them as well as on Rule 37(e), which provided only that "[a]bsent exceptional circumstances, a court may not impose sanctions under these rules on a party for failing to provide electronically stored information lost as a result of the routine, good-faith operation of an electronic information system."...

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