News & Analysis as of

Sanctions FRCP 37(e) Federal Rules of Civil Procedure

EDRM - Electronic Discovery Reference Model

7th Circuit Affirms Dismissal and Monetary Sanctions Against Both Attorney and Client

In this alleged wrongful termination and retaliation case, a “whistleblower” complaint was dismissed and monetary sanctions were also imposed. Pable v. Chicago Transit Authority, __ F. 4th __, 2025 WL 2102202 (7th Cir. Jul....more

Association of Certified E-Discovery...

[Webinar] Practical Applications of eDiscovery Rules - December 14th, 1:00 pm - 2:00 pm EST

We all know that there are Federal and State rules that govern how eDiscovery is conducted, but legal professionals need examples to illustrate how the rules should be applied, and what NOT to do. This webinar will use actual...more

BCLP

The perils of preservation

BCLP on

The recent decision In re Keurig Antitrust Litigation, 2022 WL 1082087 (S.D.N.Y. Apr. 11, 2022), offers timely examples of how extensive, well-intentioned preservation efforts can go awry – leading to costly motion practice...more

Association of Certified E-Discovery...

Weekly Trend Report – 3/27/2019 Insights

Insight into where e-discovery, information governance cybersecurity, and digital transformation are heading – who is doing what now or in the future, what works and what doesn’t, and what people wish they could do but can’t...more

Foley & Lardner LLP

Bad Behavior in eDiscovery is Still Very Costly!

Foley & Lardner LLP on

...For those of us who practice regularly in the ediscovery realm, the December 1, 2015 amendment to Rule 37(e) was a much needed game-changer. In simple terms, amended Rule 37(e) eliminated the risk of the severest sanctions...more

Jones Day

Courts Are Closely Following Amended Rule 37(e)’s Limits on Sanctions for Lost Electronically Stored Information

Jones Day on

Within two years of its implementation, several cases show that amended Rule 37(e) is having its intended impact, as judges are carefully applying the criteria articulated in the Rule prior to ordering curative measures or...more

Troutman Pepper Locke

Why Courts Should Not Go 'Over and Above' the Federal Rules to Impose Sanctions for Loss of ESI

Troutman Pepper Locke on

A recent case offers a cautionary tale of how courts may cite to the requirements of amended Federal Rule of Civil Procedure 37(e), which governs imposing sanctions for failure to preserve electronically stored information...more

Butler Snow LLP

ESI Discovery Best Practices, Part 7 – New FRCP One Year In – ESI Game Changer or Business As Usual?

Butler Snow LLP on

I was recently reminded that it has been over a year since my last ESI-related blog. My excuse is that I wanted to allow the new Federal Rules of Civil Procedure addressing ESI to percolate before writing on the...more

Morris James LLP

Delaware District Court Interprets Amended FRCP

Morris James LLP on

The first Delaware opinion that has been issued that addresses either sanctions or proportionality under the new Federal Rules is GN Netcom, Inc. v. Plantronics, Inc. Plaintiff GN Netcom, Inc. (“GN”) filed a motion for...more

McGuireWoods LLP

E-Discovery Update: Changes to Rule 37’s Failure-to-Preserve-ESI Sanctions Impact Recent Rulings

McGuireWoods LLP on

For years, companies have battled different sanction standards for the failure to preserve documents. This led to over-preservation, where, to avoid accusations of “negligent” failure, companies preserved every shred of...more

Morris James LLP

FRCP Amendments Approved

Morris James LLP on

According to Bloomberg BNA, the proposed amendments to the Federal Rules of Civil Procedure have been approved by the Judicial Conference of the United States and have been forwarded to the Supreme Court for consideration. ...more

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