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Spoliation | Edition 3.0


Our Spoliation Guide is intended to arm practitioners with a short recital of the law to prepare themselves for a deeper dive should the circumstances require work beyond a case law primer on Spoliation. For example, much of EDI’s constituency has litigation in both federal and state court and litigants might need to arm themselves with a quick recital of key cases before a meet and confer with an adversary or even a strategy session with outside counsel or a client. In law school many of us relied on these summaries to get us through the burden of on-call days. While we attempt to be as comprehensive as possible, we did drop off some cases as duplicative or beyond our work scope. Don’t forget the final check before filing that brief. Spoliation (or destruction) of evidence has emerged into a complex body of law. The 2015 Amendments of the Federal Rules of Civil Procedure (FRCP) has again changed the way federal practitioners think about managing evidence in litigation and investigations – especially Electronical Stored Information (ESI). In federal court, new FRCP 37(e) will provide some solace to practitioners that put forward good-faith efforts to preserve data in response to federal disputes.