There is one surefire way to prevent spoliation sanctions: preserve everything. Unfortunately, that is also a good way to cause the person making the legal department’s budget to have a mental breakdown. There should be a line somewhere between the two opposing forces, but where should that be?
With the changes in the Federal Rules of Civil Procedure (FRCP) that are set to take effect on Dec. 1, law firms and corporate law departments are staring into a new e-discovery reality, especially when it comes to how courts will treat preservation. But rather than make life more difficult, experts say that in theory, the updated FRCP should accelerate the pace of litigation and provide savings.
