SPOLIATING THE ADVERSE INFERENCE INSTRUCTION: THE IMPACT OF THE 2015 AMENDMENT TO FEDERAL RULE OF CIVIL PROCEDURE 37(E).

The article discusses America's spoliation of evidence doctrine in relation to electronically stored information (ESI), pre-trial discovery processes, and a December 2015 amendment to Rule 37(E) of the U.S. Federal Rules of Civil Procedure. American electronic discovery (e-discovery) is addressed, along with the nation's district courts and the case Zubulake v. UBS Warburg LLC which deals with a duty to preserve evidence. Intentional spoliation is assessed.