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.”

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