Olivia Gerrol



  • Tuesday, December 1, 2015
    The 2015 amendment to Rule 37(e) strives to provide a more standardized approach for remedies available by a court when ESI is not properly preserved. Essentially, the amendments provide for a three-part “test” that a court can apply in determining whether ESI was properly preserved and, if not, the penalties available. These are: -  ESI...