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The 2015 amendments to the Federal Rules of Civil Procedure (FRCP) that set forth guidelines about data handling, proportionality and spoliation presented a game-changing moment for courts’ handling of e-discovery. And while FRCP Rule 37(e) governing data spoliation sanctions is creating some noticeable efficiency gains for litigators, law firm Gibson Dunn’s recent year-end recap of the 2017’s e-discovery landscape suggests that  it’s still finding its footing in federal courts.

“We’re seeing quite a few courts [where] they’re writing decisions which don’t mention Rule 37(e),” Gibson Dunn litigation partner Gareth Evans told LTN.

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Gabrielle Orum Hernández

Gabrielle Orum Hernández is a reporter with Legaltech News and the Daily Report covering legal technology startups and vendors. She can be reached by email at [email protected], or on Twitter at @GMOrumHernandez.

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