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Cybersecurity E-Discovery Litigation Technology Media and Telecom

Legal Tech: Spring 2019 E-Discovery Case Law Review

The amendments to the Federal Rules of Civil Procedure in 2015 intended to clarify some of the ambiguities that caused inconsistent rulings in e-discovery matters. One such amendment was to Rule 37(e), which seemed to indicate that courts would not levee punitive sanctions without establishing “intent to deprive.” Despite this language, though, courts continue rely on their inherent authority to issue sanctions, meaning organizations must take their preservation obligations seriously.

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