Speaker, Gibbons 14th Annual E-Discovery Conference Three-Part Webinar Series, "The More Things Change, the More They Stay the Same – Avoiding the Recent Uptick in Rule 37(e) Sanctions"

Federal Rule of Civil Procedure 37(e) was amended in 2015 to establish a two-tiered approach to remedial relief and more severe spoliation penalties. The amended rule added a number of threshold requirements before any relief can be awarded, and severely limited the court’s inherent authority in these circumstances. The amendment initially seemed to reduce the number of sanctions motions regarding ESI spoliation, but now, six years later, there appears to be a resurgence of sanctions motions and awards notwithstanding the strict dictates of the amended rule. This panel will address recent decisions involving Rule 37(e) sanctions, including the seminal decision in DR Distribs., LLC v. 21 Century Smoking, Inc., No. 12 CV 50324 (N.D. Ill. Jan. 19, 2021). The panel will also provide practical advice on “discovery on discovery” as it relates to proving or defending against claims of ESI spoliation