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In Law Technology News, the article "Preservation Wars: Upgrading E-Discovery Rules," highlights Sutherland Partner Robert D. Owen's proposal to address flaws in current E-Discovery rules. The proposal includes suggests transformational changes that would include 1) a general prohibition of intentional destruction, 2) case commencement as the preservation trigger (not reasonable anticipation of litigation), 3) availability of pre-filing preservation orders, and 4) sanctions only for bad faith conduct.
According to the article, the proposal comes after years of escalating sanctions from key judges and growing litigation costs.
To read the article in full, click here.