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New Rule 37(e) Overrules Second Circuit on Sanctions for Loss of ESI
June 9, 2014 read the article
Litigation partners Christopher Boehning and Daniel Toal's Federal E-Discovery column appeared in the June 3 issue of the New York Law Journal. The article, "New Rule 37(e) Overrules Second Circuit on Sanctions for Loss of ESI," discusses a proposed amendment to the Federal Rules of Civil Procedure that, in resolving a circuit split regarding the standard for sanctions on parties for failure to preserve electronically stored information, overturns key Second Circuit precedent on the issue. E-Discovery Counsel Ross Gotler and associate Andrew Markquart assisted in the preparation of this article.