Sanctions Under Amended FRCP 37(e): One Year In | Practical Law
Federal Rule of Civil Procedure (FRCP) 37(e), amended on December 1, 2015, permits a court to impose sanctions on a party for failing to preserve electronically stored information (ESI). The amended rule provides a roadmap for litigants and courts to assess whether sanctionable conduct has occurred and, if so, the appropriate remedy. Decisions interpreting the amended rule since it became effective one year ago offer additional guidance on how courts are applying the new framework.