An Expert Conversation About “Proportionality”

E-Discovery software company Exterro convened three experts to discuss a recent case where the concept of “proportionality,” as addressed by Rule 26, played a significant role. The case was Solo v. United Parcel Services in the Eastern District of Michigan. Participants in the conversation were Judge Craig Shaffer, United States Magistrate Judge for the District of Colorado and a member of the advisory board for the Sedona Conference; Ralph Losey, National E-Discovery Council for Jackson Lewis PC; and Eric Mandel, President of the Legal Professionals Institute. One key takeaway: If you are going to make a case that a discovery request is “overly burdensome,” you’d better know how to generate the metrics that will back you up.