As the costs associated with preserving electronically stored information (ESI) and producing that ESI during litigation continue to rise, the proportionality rule — which states that the burden of preservation and discovery should be in proportion with the needs and value of a particular case — has come into vogue as the much-needed prescription to fight these skyrocketing costs.
But in an age of exponentially expanding ESI, is this medicine really strong enough?
John J. Jablonski, Chair of Goldberg Segalla’s E-Discovery Practice Group, explores this issue in “Raising the Bar on Proportionality?” — an essay included in Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation, a Legal Hold Pro Signature Paper recently published by software-as-a-service provider Zapproved.
Please click the download button below to access this essay. To obtain a complimentary download of the full Preservation and Proportionality paper — which contains an overview of proportionality, an update on relevant case law, and more than a dozen essays on critical topics written by leading e-discovery scholars — please visit the Legal Hold Pro Signature Series White Papers website.