Rapidly, the e-discovery community is approaching the one year mark from when the Federal Rules of Civil Procedure (FRCP) amendments took hold on Dec. 1, 2015. After some initial issues, federal courts are beginning to roll out a number of decisions based on the FRCP amendments, particularly with respect to Rule 37(e) and preservation.
But still, says Ron Hedges, currently senior counsel with Dentons and previously a magistrate judge in U.S. District Court for the District of New Jersey, many attorneys do not yet have clear guidance on what the amendments mean. Especially for lawyers practicing in a number of different jurisdictions, he says current rulings on preservation are “like the Wild, Wild West.”
