The proposed Amendments to the Federal Rules of Civil Procedure take effect on December 1, 2015. Among the changes are significant revisions to Rule 37(e), which governs sanctions for failure to produce electronically stored information ("ESI"). The new rule underscores the vital importance of being prepared to deploy a formal litigation hold plan quickly, consisting of processes that are written, routine, and repeatable.
This article discusses how to prepare an effective and repeatable litigation hold plan to preserve ESI and protect against sanctions.
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