The authors write "In this space nine years ago, nearly to the day, we analyzed the newly-enacted amendments to the Federal Rules of Civil Procedure relating to e-discovery. These amendments included ...
Second Circuit Sets State of Mind and Burden of Proof Requirements for Sanctions Under FRCP 37(e)(2)
Nearly ten years ago, amended Federal Rule of Civil Procedure 37(e) went into effect with the aim of establishing clear guidelines and a new standard on allowable sanctions for spoliation of ...
When it comes to making decisions, are you the kind of person who immediately knows what they want, quickly decides, and rarely second guesses your choice? Or are you more of the “go to the bottomless ...
You may have read my colleague Starling Underwood’s post on two recent Second Circuit decisions discussing sanctions for spoliation. If you have not, I encourage you to read it here. The two cases ...
In Ogunsula v. Warrenfeltz, 2024 WL 298984 (D. Md. Jan. 25, 2024), the Court recognized a split of authority and addressed the interplay between Rule 37(a)’s maxim that “evasive and incomplete” ...
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