ACC Docket – Making Proportionality Arguments Article – May 2020

  • May 4, 2020

    Prism is proud to have co-authored this article found in the May 2020 issue 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 this link to read the article:

    To read more important articles for in-house corporate counsel, please visit the Association of Corporate Counsel website at