For many, the updates to the Federal Rules of Civil Procedure (FRCP) served as a long-awaited update to address litigation in the 21st century. As with many newly introduced standards, however, there remains much room for interpretation. This is particularly true for Rule 37(e), an amendment that addresses spoliation and risks faced with spoliation sanctions.
“This codifies the common law duty to preserve,” explained William Butterfield, partner at Hausfeld. “This is not something we really had in federal law until now. This shores it up and provides some clarity that was not around before.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]