Will the Newly Proposed Amendment to Rule 37(e) Provide a True “Safe Harbor”?

A lawyer’s greatest fear is sanction by a court.  This fear is justifiable because sanctioned lawyers become “toxic” to employers and clients even if the sanctions are later vacated, as in the Qualcomm case.  Sanctions related to electronic discovery (“e-discovery”) have become a hotly-debated topic in the last few years because the number of sanctions has increased dramatically.  In November 2012, the Advisory Committee on Civil Rules proposed an amendment to Rule 37(e) of the Continue Reading →