May 10, 2016

In this article, Jenner & Block Partner Brian J. Fischer and Associate Justin O. Spiegel examine two significant changes to the Federal Rules of Civil Procedure, enacted on Dec. 1, 2015.   The article highlights the reformulation of Rule 26(b)(1)’s definition of discoverable material and Rule 37(e)’s new framework for sanctioning the spoliation of electronically stored information.  “Thus far, the impact has been a mixed bag,” the authors observe.