Proportionality in E-discovery (Federal)

Summary

This practice note analyzes the impact of the 2015 amendments to the Federal Rules of Civil Procedure as they relate to the concept of proportionality and e-discovery in a federal court litigation. Specifically, this note covers the role of proportionality in preserving relevant electronically stored information (ESI), the Sedona Conference's principles of proportionality, the continuing duty to consider proportionality during discovery, the proportionality factors and application of those factors by the courts, and legal trends in proportionality.