Since 2015, courts frequently have utilized Rule 37(e) when deciding motions for sanctions for ESI spoliation. One key question rarely addressed is whether, in addition to the content of ESI, Rule ...
Image: Holley Robinson, EDRM with AI. Sanctions were imposed on plaintiff for breach of the duty to preserve certain communications in Cooper v. Balt. Gas & Elec. Co., 2025 WL 2774847 (D. Md. Sep. 30, ...
Rule 37 (e) and Spoliation Sanctions Under the Amended Rules Samantha V. Ettari of Kramer Levin Naftalis & Frankel writes: With the December amendments to Rule 37 (e), the remedies and sanctions ...