Federal Rule of Civil Procedure Rule 37(e)

Two out of Three Ain’t Bad Proving the Intent to Deprive

June 28, 2017 Josh Gilliland Spoliation

The 2015 Amendments to the Federal Rules of Civil Procedure fundamentally altered spoliation of evidence cases with requiring wronged parties to prove ESI was lost with an “intent to deprive.” If a party can prove there was “intent” with the destruction of ESI, then a court may “’presume that the[…]

Intent to Deprive in a Very High Standard for Sanctions

March 25, 2017 Josh Gilliland Intent to Deprive, Spoliation

Parties seeking sanctions for lost electronically stored information have been before Federal Judges for nearly a decade. The 2015 Amendments to Federal Rule of Civil Procedure Rule 37(e) requires that a party seeking sanctions must show there was an “intent to deprive” them of the lost ESI. Two recent cases[…]