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Nearly four years have transpired since the Civil Rules Advisory Committee enacted changes to Federal Rule of Civil Procedure 37(e) on December 1, 2015. In so doing, the committee had two principal objectives in mind. The first was to provide a uniform national standard regarding the issuance of severe sanctions to address spoliation of electronically stored information (ESI). The second was to implement a clear framework for determining whether sanctions of any nature should be imposed for ESI preservation failures.


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