[Session 7] Case Law Review, Part 2: Sanctions for Spoliation and Discovery Misconduct: Have the 2015 amendments to the Federal Rules of Civil Procedure changed the sanctions landscape?

The 2015 amendments to Federal Rule of Civil Procedure 37(e) were designed to provide a uniform national standard regarding the issuance of severe sanctions to address spoliation of electronically stored information (ESI). They also introduced a new framework for determining whether sanctions of any nature should be imposed for ESI preservation shortcomings. With nearly four years having transpired since their enactment, it is worth exploring how effective the Rule 37(e) changes have been in addressing the issues. Please join this session as we dialogue about case law trends regarding the sanctions framework, the “intent to deprive” requirement, and other motion practice flash points under the rule.