Practical Proportionality Through Science

The change to Rule 26(b) in the Federal Rules of Civil Procedure emphasizes proportionality in discovery by elevating existing language to a more prominent place in the Rules. The intent is to encourage parties and the courts to reduce the time and costs of addressing the volumes of ESI that may be implicated in discovery, while still uncovering the information that actually matters to the case. How can this be done? A Today’s General Counsel article looks on how science – specifically the science of statistics – offers a practical and cost-effective approach to the proportionality dilemma.