New Federal Rule 37(e) May Help Companies Avoid Spoliation Claims
Revised Federal Rule of Civil Procedure 37(e) entitled “Failure to Preserve Electronically Stored Information” was included in the package of rules the US Supreme Court recently transmitted to Congress. If Congress does not act, the rule will become effective on December 1, 2015. The chair of the Advisory Committee on Federal Rules of Civil Procedure, Judge David Campbell, described the task of drafting this rule as “the most challenging task any of us on the committee have ever undertaken.”