Federal E-Discovery: Ninth Circuit Rules on Inherent Authority and FRCP 37(e)

Litigation partners Chris Boehning and Dan Toal’s latest Federal E-Discovery column, “Ninth Circuit Rules on Inherent Authority and FRCP 37(e),” appeared in the December 3 issue of the New York Law Journal. The authors discuss a recent decision by the U.S. Court of Appeals for the Ninth Circuit concerning the imposition of sanctions when a party has failed to preserve electronically stored information. In Gregory v. State of Montana, the court concluded that Rule 37(e) of the Federal Rules of Civil Procedure precludes courts from invoking their inherent authority to issue certain spoliation sanctions enumerated under that rule. Deputy chair and counsel, e-discovery, Ross Gotler and e-discovery attorney Lidia Kekis assisted in the preparation of this article.

» read the article