Proportionality in E-Discovery: Evolving Strategies

Reducing E-Discovery Abuses and Expenses by Using Proportionality Tools

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, March 27, 2013

Recorded event now available

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Program Materials

This CLE webinar will provide litigation counsel with an analysis of the doctrine of proportionality in e-discovery, its relevant metrics, and best practices for convincing a court to enforce proportionality tools.

Description

Litigators and trial judges are seeking ways to manage the escalating costs and complexities of discovery. An emerging approach is using proportionality tools, which can reduce the discovery request scope, lessen adversarial conduct, and discourage settlements primarily entered into to mitigate expense.

Federal Rule 26 gives the court clear discretion to limit discovery if expense outweighs benefits. Some prominent jurists have relied on the doctrine in recent rulings. The 2013 Sedona Conference's Commentary on Proportionality in Electronic Discovery also provides guidance on the application of the doctrine.

Counsel must understand the scope of the proportionality doctrine, how to perform a risk analysis that will pass judicial muster, and effectively present evidence to convince a judge to limit the scope of discovery.

Listen as our authoritative panel of litigators discusses how the doctrine of proportionality can be effectively used to reduce e-discovery abuses and expenses.

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Outline

  1. Overview of recent developments in proportionality
    1. Recent case law
    2. January 2013 Sedona Conference Commentary on Proportionality in Electronic Discovery
  2. Proportionality tools and metrics
  3. Best practices for arguing proportionality to the court

Benefits

The panel will review these and other key questions:

  • How has the doctrine of proportionality been applied in recent suits?
  • What proportionality tools are most effective?
  • What are best practices for implementing proportionality and arguing the concept before the court?
  • What does the emphasis on proportionality mean for the future of e-discovery?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Conor R. Crowley
Conor R. Crowley

Principal
Crowley Law Office

He advises clients on e-discovery, information management and data privacy. He chairs the Sedona Conference WG1 on...  |  Read More

Christopher Q. King
Christopher Q. King

Partner
SNR Denton

He concentrates on the areas of securities litigation and arbitration, consumer fraud, ERISA, antitrust and other...  |  Read More

Trimarco, Gina M.
Gina M. Trimarco

Associate
DLA Piper

Ms. Trimarco focuses on electronic discovery and general litigation management. She has more than 10 years of...  |  Read More

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