“Reasonable Steps” to Avoid Sanctions for the Loss of Electronically Stored Information

Legal consequences abound at every corner in healthcare. Each month this blog discusses examples of what those consequences can be.

I have posted before about the imposition of sanctions under the Federal Rules of Civil Procedure for the loss of electronically stored information (ESI). (See my August 2016 post, “A Primer on Avoiding Sanctions for the Loss of Electronically Stored Information” for more info on this topic.)

I recently wrote an article for Bloomberg Law’s Digital Discovery and e-Evidence publication, “What Might Be ‘Reasonable Steps’ to Avoid Loss of Electronically Stored Information?” The article further explores this topic. To access a copy, reposted here with permission, click here.


**Editor’s Note: The views expressed in this column are those of the author alone and should not be interpreted otherwise or as legal advice.

Ron Hedges, JD, is a former US Magistrate Judge in the District of New Jersey and is a writer, lecturer, and consultant on topics related to, among other things, electronic information. He is a Senior Counsel with Dentons US LLP.

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