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E-Discovery counsel Samantha V. Ettari's article "Rule 37(e) and Spoliation Sanctions Under the Amended Rules," appeared in the February 1, 2016, issue of the New York Law Journal.
E-Discovery counsel Samantha V. Ettari's article "Rule
37(e) and Spoliation Sanctions Under the Amended Rules,"
appeared in the February 1, 2016, issue of the New York Law
Journal. In December 2015, an expanded Rule 37(e) of the
Federal Rules of Civil Procedure went into effect, which instructs
on remedies and sanctions available for spoliation of
electronically stored information (ESI). The remedies and sanctions
potentially available for negligent and intentional spoliation are
clearer, and intended to result in more uniform application. In
this article, Ms. Ettari examines the first ruling issued under
revised Rule 37(e) - the Jan. 12, 2016, decision issued in the
Southern District of New York in CAT3 v. Black Lineage,
which analyzed the appropriate remedies available under the revised
rule for the intentional spoliation of email content, and awarded
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.
