Robert Tucker Article Discusses Federal Ruling on Spoliation Sanctions

Articles / July 13, 2016

Partner Robert Tucker authored an article published in the July 2016 issue of Cybersecurity Law & Strategy, a Law Journal newsletter. “Could Federal Courts’ Inherent Powers Upend the New Amendments to Rule 37(e)?” addresses a recent federal court ruling in CAT3, LLC v. Black Lineage, Inc., regarding the updated sanctions portion of Rule 37 of the Federal Rules of Civil Procedure. The court found that it could issue relief for spoliation under its inherent powers even if the new version of Rule 37(e) was inapplicable. Tucker writes, “Only time will tell whether other courts will use their inherent powers to issue more severe spoliation sanctions when the intent to deprive is not found.”

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