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According to a report by e-discovery software provider Logikcull, e-discovery sanctions have dropped after the 2015 amendment to Federal Rules of Civil Procedure (FRCP) Rule 37(e). But some lawyers note they are still under pressure to collect and preserve data from rapidly advancing technology. 

“The End of Sanctions?: Rules, revisions and growing expertise are ‘De-Risking’ E-Discovery,” which reviewed nearly 700 federal and civil district court published opinions from 2012 to 2018, found that Rule 37(e) revisions and legal’s growing expertise are “de-risking e-discovery.”

Still, some lawyers said the rule, while offering a uniform approach to e-discovery sanctions, doesn’t offset the rapidly escalating challenges of e-discovery.

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Victoria Hudgins

I am a reporter for Legaltech News where I cover national and international cyber regulations and legal tech innovations and developments.

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