According to Rule 37(e), how should the issue of failure to preserve ESI/data be analyzed? How does the analysis change if the relevant ESI/data can be restored from the backup tapes? Your c

We can consider the text of Rule 37(e) as a sliding scale of behavior along with corresponding options for the court to impose sanctions or remedies. Provide an example of one type of behavior and then predict what the court is likely to do. What can the legal team do to prevent or address this behavior proactively?
Review Exercise 9-1 at the top of page 145 carefully. According to Rule 37(e), how should the issue of failure to preserve ESI/data be analyzed? How does the analysis change if the relevant ESI/data can be restored from the backup tapes?
Your client seems a bit unreliable – and even unconcerned – about the duty to preserve potentially relevant ESI How would you impress upon this client the risks of failure to preserve and the potential sanctions that a court might impose?

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