Don’t Hit “Delete”: The Impact of Revised Rule 37(e)

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.

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