Unfortunately, Rule 37 (e) has not provided the clarity that many had hoped, as federal courts disagree over whether Rule 37 (e) is their exclusive source of authority to sanction ESI spoliation, or if they may continue to rely on their inherent authority to
sanction such misconduct.
Not exact matches
Needless to say that the alleged
misconduct of the National Chairman does not warrant
such a
sanction, a more matured and unifying flagbearer would have intervened for a reversal of this illegal decision for the sake of unity and peace.
Instead, it cited the process already in place to handle
such disputes: ORI investigates reports of research
misconduct at federally funded institutions, and if it finds a researcher has committed
misconduct, it sends a «charge letter» outlining its finding and suggesting
sanctions.
In short, there are sufficient means in place to
sanction lawyers who engage in the sort of lamentable behavior that proposed Rule 8.4 (g) seeks to address and to deter
such misconduct in the first place.
That game
misconduct penalty might carry with it an automatic fine and an appearance before the Commissioner (or the court or an arbitrator) who shall have full power to impose
such further
sanctions.
Benjamin has also successfully defended numerous clients in multilateral development bank (MDB)
sanctions proceedings
such as where corruption, fraud or other
misconduct in MDB - financed projects is suspected.