Spoliation of ESI is still one of the hottest topics in employment law, for the simple reason that nearly every employer has computers, email and ESI in its workplace – so this applies to nearly every employer and employee. The legal landscape changed with the 2016 amendments to Federal Rules of Civil Procedure Nos. 24, 26 and 37, which ushered in a “new wave” of spoliation rules, and the interpretation of these rules by federal courts. This presentation will discuss how the 2016 Amendments have been interpreted by federal courts.
Recorded at the Employment Law Institute 2021