The Chief Justice of the United States dedicated his 2015 Year-End Report on the Federal Judiciary[h1] to the 2015 amendments to the Federal Rules of Civil Procedure, effective December 1, 2015.  Chief Justice Roberts wrote that “in many cases civil litigation has become too expensive, time-consuming, and contentious, inhibiting effective access to the courts” – not least due to “serious new problems associated with vast amounts of electronically stored information [ESI].”  Among the amendments’ reforms, Rules 16 and 26(f) “now require the parties to reach agreement on the preservation and discovery of ESI in their case management plan and discovery conferences.”  Rule 37(e) was also amended to “specify[] the consequences if a party fails to observe the generally recognized obligation to preserve ESI” in anticipation of litigation: court orders for additional measures to cure any prejudice resulting from lost ESI, and sanctions for intentional ESI losses ranging from adverse jury instructions to dismissal or entry of default judgment.