The First Three Months Of New Fed Rule 37 (e)

The first three months under the aegis of a new and closely watched federal rule are put under the microscope by attorneys from Paul Hastings. The new federal rule 37(e) governs failure to preserve electronically stored information, and this post looks at five cases where the rule has been invoked. These decisions “have led to a number of interesting and, in some respects, differing results that provide valuable insight into how courts are grappling with the Rule in fashioning appropriate spoliation remedies.”