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This Jones Day White Paper examines Rule 37(e) cases decided over the past year and explains why proper litigation holds are the first step for minimizing the risk of sanctions.
Within two years of its implementation, several cases show that
amended Rule 37(e) is having its intended impact, as judges are
carefully applying the criteria articulated in the Rule prior to
ordering curative measures or imposing sanctions. This Jones Day
White Paper examines Rule 37(e) cases decided over the past year
and explains why proper litigation holds are the first step for
minimizing the risk of sanctions.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
