Speaker, Gibbons Academy Webinar, "Litigation Holds Revisited: The Effect of the 2016 Amendments to Federal Rules on Evidence Preservation Obligations"

By now, all litigators knows the importance of instituting a timely and effective litigation hold to preserve relevant electronically stored information. Since the 2016 amendments to Federal Rules of Civil Procedure 26 and 37(e), however, there have been significant developments in this area, including the scope of the preservation obligation under amended Rule 26 and the standards for spoliation sanctions under amended Rule 37(e).

At this presentation, the speakers will address these developments and the key issues litigators need to be aware of to properly counsel the firm’s clients, protect clients from the escalation of costs for “discovery on discovery,” and identify opportunities to utilize e-discovery offensively. The speakers will also discuss recent e-discovery spoliation opinions, including decisions addressing extreme sanctions of dismissal and adverse inference, and the lessons that can be derived from those decisions.