Building a Proportionality Defense Under the New Federal Rules

The latest round of amendments to the Federal Rules of Civil Procedure (FRCP) went into effect in December 2015. The explicit addition of proportionality – the determination of how the cost and burden of collecting evidence for the case weighs against the matter’s overall value – to Rule 26(b)(1), which governs the scope of electronic discovery, is likely to arm defendants with stronger arguments against collecting certain electronic data for a matter. Here are some of the strategies our clients are implementing to help argue for proportionality in civil litigation.

Read more