Many in the legal profession say the proposed changes to Rule 37(e) of the Federal Rules of Civil Procedure could help organizations lower preservation costs since “only knowing or willful destruction of ESI would be penalized.”

How big a relief would that be? William H.J. Hubbard, assistant law professor at the University of Chicago Law School, recently completed his Preservation Costs Survey, providing new insight into the issue. An entry on K&L Gates’ News & Updates highlights some of the key points from Hubbard’s work.