While FRCP 37(f) provides a safe harbor for routine, good-faith deletion of e-discovery, FRCP 37 also provides for sanctions where the producing party fails to provide e-discovery outside of the safe harbor. In addition to sanctions, spoliation of ESI may result not only in an adverse inference, an award of attorneys' fees, and possibly an adverse judgment. These risks can be mitigated through documented good faith efforts to preserve potentially responsive ESI.

How Fios can Help

Fios helps clients avoid spoliation of ESI through early evidence assessments and the creation of repeatable, defensible processes to assist in the identification, preservation, and collection of electronic information. Through these services, we not only reduce the risk of spoliation claims, but also effectively manage electronic discovery costs.

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