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.

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