By John C. Hoard and Cassandra A. Nielsen, both of Rubin & Levin PC
Under the Federal Rules of Civil Procedure, “ESI” encompasses all documents, recordings, images, and data compilations regardless of where the information is stored. Given this broad definition, and with the advent of data retention policies in an efficiency-driven world, the recently-revised Federal Rule of Civil Procedure 37(e) provides a cautionary tale to attorneys and litigants alike: be wary of deletion.
Read more here.
See a flow chart of sanctions under the revised rule here.
If you would like to submit content or write an article for the Commercial & Bankruptcy Law Section, please email Kara Sikorski at ksikorski@indybar.org.