In the evolving landscape of digital information, eDiscovery has become an essential aspect of legal processes, serving as a crucial tool for uncovering relevant evidence in litigation. However, with ...

In light of these new rules’ significant impact, the Sedona Commentary provides six principles to guide litigants throughout the proportionality analysis to be applied throughout the ESI preservation ...

Over the past decade, proportionality has become a defining feature of federal discovery practice, particularly in the context of electronically stored information (ESI). The 2015 amendments to the ...

Call me a skeptic, but I sense that the current discussions surrounding “proportionality” in the federal discovery rules that became effective Dec. 1, 2015, may be misdirected. In fact, the most ...

Federal Rule of Civil Procedure 26(b) governs the appropriate scope of discovery in federal litigation. In December 2015, the Supreme Court amended Rule 26(b) to emphasize the proportionality factors ...

I recently explained how the decision is patently narrow, applying only to age-verification mandates targeting access to sexual content that, in Justice Clarence Thomas’s words for the majority, “the ...