Federal Rule of Civil Procedure 37(e): Spoiling the Spoliation Doctrine

It certainly cannot be debated that technology has brought about profound change to all aspects of modern society. The legal world has not been immune to the changes brought about by technology, nor to the nuanced questions that have arisen in its wake. In particular, the discovery process in litigation has been significantly impacted by the rise of new technology. In fact, technology has had so momentous an influence on the discovery process that the use of technology during the discovery process has become a practice in and of itself, known today as electronic discovery (“e-discovery”).

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