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Walmart has become the most recent litigant to escape what often used to be nearly certain sanctions for failure to preserve Electronically Stored Information (ESI). As with many similar cases over the past year, it was the revised FRCP Rule 37(e) that came to Walmart’s rescue, resulting not in case-ending sanctions, but instead, a relatively mild admonishment. See Wal-Mart Stores, lnc. v. Cuker Interactive, LLC, No. 5:14-CV-5262, 2017 BL 15084 (W.D. Ark. Jan. 19, 2017).

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