Proposed Rule 37(e): A Step in the Right Direction?

, New York Law Journal

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In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that the revisions will moderate - if not eliminate - many of the concerns of litigants that lead to chronic over-preservation, that curative measures are favored, and that sanctions may not be imposed absent substantial prejudice to the adverse party.

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