[{"id":"1","name":"Federal Rule of Evidence 502"},{"id":"53","name":"Conducting Legal Holds"},{"id":"55","name":"Building an eDiscovery Practice & Team"},{"id":"58","name":"Early Data Analysis & Data Reduction Strategies"},{"id":"59","name":"Litigation Data Management & Policies"},{"id":"62","name":"Preservation Obligations & Formats"},{"id":"63","name":"Privilege"},{"id":"67","name":"Budgeting & Project Management"},{"id":"68","name":"Collection of Electronically Stored Information"},{"id":"69","name":"Evidence & Authentication"},{"id":"70","name":"Measuring Results: Surpassing Legal Compliance"},{"id":"71","name":"Introduction to the Federal Rules"},{"id":"72","name":"Search & Review of Electronically Stored Information"},{"id":"73","name":"Using Experts: Rule 30(b)(6) & Testimony"},{"id":"74","name":"An Introduction to the EDI Distance Learning Initiative"},{"id":"75","name":"Records & Information Management in an Organization"},{"id":"76","name":"Introduction to Information Technology: Collaboration & Workspaces"},{"id":"78","name":"Data Remediation"},{"id":"79","name":"Introduction to Information Technology"},{"id":"80","name":"eDiscovery Challenges in Specific Practice Areas: Product Liability Litigation"},{"id":"81","name":"eDiscovery Challenges in Specific Practice Areas: Employment"},{"id":"83","name":"eDiscovery Boot Camp: Challenges to In-House Teams"},{"id":"84","name":"Data Processing & Management"},{"id":"85","name":"Production Obligations & Formats"},{"id":"86","name":"Rule 37(e) & Sanctions"},{"id":"87","name":"The Supply Chain of Custody: Project & Process Management in the eDiscovery Workflow"},{"id":"88","name":"eDiscovery Challenges in Specific Practice Areas: Requesting Parties"},{"id":"89","name":"eDiscovery Challenges in Specific Practice Areas: Antitrust"},{"id":"90","name":"Expectations of the Court: Rule 16 & 26(f) Conferences"},{"id":"91","name":"Introduction to Information Technology: Communications"},{"id":"92","name":"Data Privacy"},{"id":"93","name":"Information Security 101"},{"id":"94","name":"International eDiscovery"},{"id":"95","name":"Third Party Obligations & Procedures"},{"id":"96","name":"The Document Review Process"},{"id":"97","name":"26(f) Conferences and Meet & Confers"},{"id":"98","name":"The EDI Diversity Initiative"},{"id":"99","name":"eDiscovery Challenges in Specific Practice Areas: Government Investigations"},{"id":"100","name":"Write Right"},{"id":"101","name":"Why eDiscovery?"}]

Rule 37(e) & Sanctions

51 mins

In this course, two federal magistrate judges and an eDiscovery thought-leader discuss the new Federal Rule of Civil Procedure 37(e) and its impact on sanctions. The faculty provide observations on the need for the new rule based on their personal experience. They also offer insight into the ways in which the new rule will impact litigants both now and in the future.

Class Outline:

Rule 37(e) & Sanctions 51 mins
- 2015 Version of FRCP 37
- 2006 Version of FRCP 37
- Inherent Authority
- Safe Harbor
- Curing Prejudice & Determining I0ntent to Deprive
- 37(e)(2) Remedies
- Determining "Reasonable Steps" & Defensibility
- Issues Moving Forward
- Impact of 37(e)

Class Readings:

Rule 37(e) & Sanctions.pdf

Course Comments

Patricia Garnica | 05/20/2018

I liked learning distinction btw negligence & intent & what importance ESI had on the litigation (if any) Also interesting is mag. Judges have limited auth. over dismissal/default re: the case. If attorneys rely heavily upon paralegals than district judges "may"/"must" rely upon magistrate judges

Nels Johnson | 05/16/2017

The presenters in this module were very engaging and material was well presented.

Disclaimer: The views and opinions expressed in this online video course are those of the individual faculty members
and do not necessarily reflect the official policy or position of any organization, corporate entity, law firm, government agency or the Electronic Discovery Institute.