tracking the data 2. What data is contained 3. Understand how the storage location works and
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overwritten.
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Rule 37 - ANSWER: ➡ The safe harbor portion of FRCP 37 used to provide that "absent
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exceptional circumstances, a court may not impose sanctions under these rules on a party for
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failing to provide electronically stored information lost as a result of the routine, good-faith
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operation of an electronic information system."
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2015 amendment to FRCP 37(e) totally rewrites and expands the safe harbor. The new language
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- ANSWER: ➡ 1. Upon finding prejudice to another party from loss of the information, may order
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measures no
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greater than necessary to cure the prejudice; or j j j j j j j
2. Only upon finding that the party acted with the intent to deprive another party of the
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information's use in the litigation may: j j j j j
A. presume that the lost information was unfavorable to the party;
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