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Now that the amendments affecting the rules regarding the bringing of a case and case management procedures, as well as those changes to the scope of discovery have been discussed, the final piece of this guide addresses the changes to preservation requirements and the new rule governing sanctions—or remedies—for ESI spoliation. Rule 37(e) has been completely redesigned, and now functions as the sole authority for dealing with lost or destroyed ESI. As a result, the amended rule has broad implications not only for the legal community but the business community, too.

Changes to ...