Developments in Spoliation Case Law in the Second Year of the 2015 Amendments to F.R.C.P. 37(e)

Patent Law Institute 2018: Critical Issues & Best Practices

Counsel Marti Johnson and associate Andrew Gish look at the impact thus far of the December 2015 amendment to Rule 37(e) of the Federal Rules of Civil Procedure, which governs the imposition of sanctions for the failure to preserve electronically stored information. The amended rule provides a more detailed framework to guide courts in determining when sanctions are appropriate.