I.INTRODUCTION

II.An Overview of the Proposed Changes

A.Early Communication
B.Updating Terms
C.Electronic Production Forms
D.Privilege in the Electronic Context
E.Limiting Relevancy to that which is Accessible
F.Spoliation

III.Why electronic discovery should be treated differently than traditional discovery in the spoliation context

IV.The Current State of Electronic Discovery Spoliation: Are the Federal Rules an Appropriate Forum by which to Address the Problem?

V.Proposed Changes to Rule 37

VI.Spoliation and the Rules Enabling Act

A.Mutual Exclusivity
B.Presumptive Validity and Incidental Effects
C.Unanswered Questions
D.Applying the REA to the Safe Harbor

VII.Normative Analysis

VIII.CONCLUSION