Josh Lepchitz, The New ESI Sanctions Framework Under the Proposed Rule 37(e) Amendments

21 Rich. J.L. & Tech. 8 (2015)

Author analyses Rule 37(e) amendment package to be implemented by December 1, 2015, which would provide a uniform national standard regarding the issuance of severe sanctions to address spoliation of electronically stored information (ESI).

The article covers the deficiencies with the current version of Rule 37(e); considers the new sanctions framework under the proposed amendments; and concludes by focusing on some key questions about the Rule 37(e) revisions that remain unanswered.

The full text is available at http://jolt.richmond…