Amended Rule 37(e): Courts Begin to Shape New Analysis, But Expected ‘Uniform Standard’ Remains Elusive

Amended Federal Rule of Civil Procedure 37(e) ¹Amended Rule 37(e), Failure to Preserve Electronically Stored Information, instructs:If electronically stored information that should have been preserved in the anticipation or conduct of litigation is lost because a party failed to take reasonable steps to preserve it, and it cannot be restored or replaced through additional discovery, the court:(1) upon finding prejudice to another party from loss of the information, may order measures no greater than necessary to cure the prejudice; or(2) only upon finding that the party acted with the intent to deprive another party of the ...