Nearly four years have transpired since the Civil Rules Advisory Committee enacted changes to Federal Rule of Civil Procedure 37(e) on Dec. 1, 2015. In so doing, the committee had two principal objectives in mind.
Legal Tech: New Cases Provide Insights on the FRCP 37(e) 'Reasonable Steps to Preserve' Requirement
The Franklin and Culhane Cases Demonstrate the Importance of Both Implementing and Then Following Corporate Litigation Readiness Measures for Purposes of FRCP 37(E) An evaluation of FRCP 37(e) necessarily entails examining key motion practice flash points that have arisen since the implementation of the rule. One of the most significant of these flash points is what constitutes "reasonable steps to preserve" relevant ESI.
By
Philip Favro
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