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Expert Analysis

Spoliation Rule Remains Ambiguous Despite Amendments

By Matthew Hamilton, Donna Fisher and Sandra Adams ( November 1, 2019, 5:06 PM EDT) -- Pursuant to Federal Rule of Civil Procedure 37(e)(2), imposition of the most severe sanctions for failure to preserve relevant electronically stored information — a presumption that the information lost was unfavorable, an adverse inference instruction, or a dismissal or default judgment — requires proof that a party intended to deprive another party of the use of that evidence....

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