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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.

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