Proportionality

  • Legal Updates

    PRIVACY PLEASE, DO NOT DISTURB: Proportionality and Privacy

    As you recall, in December of 2015, the amended FRCP 26(b)(1) sought to address the escalating burdens associated with data preservation and production by emphasizing proportionality and defining the scope of discovery. As the latest proportionality rulings show, Rule 26(b)(1) is having an impact on limiting the scope of discovery based on the associated expense and some state courts are even following the federal courts’ lead in enforcing proportionality. Interestingly, while expense continues to be a factor in the proportionality argument, parties’ objections on the basis of proportionality have extended to nonmonetary factors as well, including privacy. As a result, some courts are now recognizing privacy as a consideration in determining whether the discovery sought is proportional to the needs of the case.

  • Best Practices
    Technology Advantage

    Planning for a Successful Document Collection – Best Practices

    There is often a lot of discussion around the processing and review of documents in a litigation, most likely because these phases end up costing the most money and taking the most time. What is often overlooked, however, is the collection process and how that phase sets the tone for the rest of discovery, including overall case strategy, knowledge gathering and cost thresholds for the case. In this blog, I lay out some best practices that can be followed to collect data in a sound manner while keeping costs reasonable and gathering all relevant information. 

  • Proportionality
    Technology Advantage

    Proportionality: How Your E-Discovery Professional Can Assist

    In one sense, “proportionality” is about balance: weighing the pros and cons of an action in order to decide if that action is justified. For example: Is the cost worth the potential benefit? When applied to law, the concept of proportionality is central to the extent, limits and reasonableness of discovery in litigation. In this article, I’ve included some tips and tricks of the trade that your e-discovery professional (whether that be a project manager, e-discovery attorney or other specialist) can offer to help you work towards that elusive notion of proportionality.