Reasonable Steps to Preserve ESI, Spoliation Sanctions Part 2
A multi-part series reviewing decisions related to spoliation of ESI since the December 2015 amendments to the Federal Rules of Civil Procedure
by Matthew Verga, JD, Xact Data Discovery
In “When the Bough Breaks,” we discussed the December 2015 amendments to Federal Rule of Civil Procedure 37(e). In this part, we review available guidance on what constitutes reasonable steps to preserve ESI.
The first of the new questions raised by the amended version of FRCP 37(e) is what qualifies as “reasonable steps to preserve” ESI. The amended version of FRCP 37(e) limits the application of sanctions to situations where ESI that should have been preserved was lost “because a party failed to take reasonable steps to preserve it.”
