In our last installment, we discussed a proposed amendment to Federal Rule of Civil Procedure 37(e) that is intended to bring some uniformity to the law governing sanctions in connection with the preservation of electronically stored information. We set out our view that the proposed amendment "is almost certainly a step in the right direction."1 If anyone wanted to take a contrary view and argue that the proposed amendment is premature and the courts simply need more time to flesh out the law under current Rule 37(e), they need look no further than the three cases discussed in today's column.
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