Bow Tie Law eDiscovery Podcasts
Proportionality is Not Irrelevant to the Utility of the DiscoverySeptember 06, 2014 Joshua Gilliland
I saw a recent Tweet that said proportionality was irrelevant because of new cost-effective software. While that might reduce arguments of ESI not being reasonably accessible because of cost, proportionality is a balancing of the cost of performing eDiscovery tasks against the utility of the information. In this podcast I break down the difference between Federal Rules of Civil Procedure Rule 26(b)(2)(B) and Rule 26(b)(2)(C), plus discuss proportionality analysis from United States ex rel. McBride v. Halliburton Co., United States v. Univ. of Neb. at Kearney, and In re Bridgepoint.