ACC Docket Article – Making Proportionality Arguments – May 2020

  • May 4, 2020
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    Prism is proud to have co-authored an article for this May’s edition of the ACC Docket.

    With the evolution of technology, documents have proliferated, moving from the file cabinet to the clouds. When litigation occurs, searching these vast troves of data can be overwhelming. The concept of proportionality in litigation requires discovery to be proportional to the needs of the case, and compels the court and the parties to consider how important the information is, how difficult it will be to produce, and whether the burden or expense of the proposed discovery outweighs its likely benefit (Fed. R. Civ. P 26(b)). The courts and litigating parties share the responsibility to employ proportionality to curtail overzealous eDiscovery practices. Thanks to new tools such as Evidence Optix® Proportional Discovery Assessment®, in-house counsel can quickly and inexpensively retrieve the necessary metrics and win arguments pertaining to proportionality in discovery.

    Please click the button below to read more about this defensible, transparent workflow to operationalize discovery.

    Please visit the ACC Docket website for more important articles for in-house counsel at accdocket.com.

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