is a new rule; it is identical to Fed. R. Civ. P. 37(f), adopted in 2006. It provides

some protection against the automatic imposition of sanctions that might otherwise be required under the rules. This rule applies only to discovery of electronically stored information, and prevents the imposition of sanctions for spoliation of evidence where the loss of information arises from the routine operation of a computer system. The good-faith part of this test is important and is not met if a party fails to take appropriate steps to preserve data once a duty to preserve arises. Advisory Committee Comment - 2018 Amendments