Special Counsel, Leslie A. Wickes, with the Jacksonville office of Adams and Reese, authored “Lost ESI – What Does New FRCP 37 Mean For You?” appearing in the 2016 1st Quarter Newsletter of the Association of Corporate Counsel (ACC) North Florida Chapter. Below is an excerpt of her piece.
"Lost ESI - What Does New FRCP 37 Mean For You?" By Leslie A. Wickes, Esq. (Adams and Reese LLP)
If your company has lost electronically-stored information that may be relevant in federal court litigation, a recent amendment to Federal Rule of Civil Procedure 37 clarifies the type of sanctions that may be imposed. The amendment reserves the most severe sanctions, such as adverse interest instructions and entry of default judgment, to situations in which there was intent to deprive the other litigants of the information in the litigation. Negligence, even gross negligence, is no longer enough to justify severe sanctions. Read more