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
User avatar
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

No avatar
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.