Do the Ends Justify the Means? Applying the Proportionality Yardstick in eDiscovery

Presented by Judge David Waxse and Mary Mack, Esq.
Moderated by Bill Hamilton, Quarles & Brady

Proportionality is intrinsic to the pursuit of a just, speedy and inexpensive resolution to litigation. While it is rational to reduce the scope of eDiscovery productions to what is proportional to the importance and value of the case, that isn’t always the reality. During this session, Judge David Waxse and Mary Mack, Esq. will discuss the intent of FRCP Rule 26(b)(2)(c) and the obligation for both counsel and the court to ensure the burden and expense of eDiscovery is justified by the magnitude of the legal issues. The presenters will discuss the ways in which automated technology, data sampling, advanced search techniques, phased productions, and early collaboration can help achieve proportionality, and ultimately, a just, speedy and inexpensive resolution to the legal action.

LENGTH: approximately 75 minutes