New Federal Framework for ESI Spoliation Claims

Amended Rule 37(e) resolves a circuit split over the level of culpability warranting sanctions for the failure to preserve Electronically Stored Information (ESI). The amended Rule, effective December 1, 2015, sets forth a federal standard for spoliation remedies. Amended Rule 37(e) provides a much-needed practical framework that seeks to ensure that the cost of ESI preservation is commensurate with the type of case or dispute.