Proposed amendment to FRCP Rule 37 addresses sanctions for failure to
preserve ESI
the rule drafters revised the proposed amendment to Rule 37(e) and
restricted its application only to a failure to preserve electronically
stored information, or ESI. Moreover, the proposed rule was changed by
removing the set of factors that courts were required to consider when
assessing whether a party’s failure to preserve was willful or in bad faith.


 http://bit.ly/1phFCG3

Source:
http://www.insidecounsel.com/2014/05/21/proposed-amendment-to-frcp-rule-37-addresses-sanct
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