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Legal Tech: Spring 2019 E-Discovery Case Law Review

By Mike Hamilton
June 01, 2019

 

The amendments to the Federal Rules of Civil Procedure in 2015 intended to clarify some of the ambiguities that caused inconsistent rulings in e-discovery matters. One such amendment was to Rule 37(e), which seemed to indicate that parties taking reasonable good faith measures to preserve and produce requested electronically stored information would stay on the good side of the courts. Specifically, the court would not levee punitive sanctions without establishing “intent to deprive.” Despite this language, though, courts continue rely on their inherent authority to issue sanctions, meaning organizations must take their preservation obligations seriously.

“Bollixed” Legal Hold May Lead to Sanctions

Jose Franklin v. Howard Brown Health Center (N.D. Ill. Oct. 4, 2018)

This case provides a lesson learned for those who still don't have a repeatable and consistent legal hold process. Sanctions may await — especially when numerous custodians are involved and data subject to document retention policies needs to be preserved.

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