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One of the most controversial proposed amendments is the new proposed Rule 37(e). This proposed amendment had a singular goal — that is, “to amend the rule to address the overbroad preservation many litigants and potential litigants felt they had to undertake to ensure they would not later face sanctions.” These sentiments were expressed almost entirely by large institutional organizations, mainly corporate defendants. Amendments addressing this concern were proposed at the Duke Conference, and thereafter a mini-conference convened in September 2011 to evaluate various proposals. Additional refinements were made.

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