Any civil litigation target knows that the highest costs of defending a lawsuit arise not from the courtroom or motion work, but from discovery. Those costs have paradoxically skyrocketed in the digital era. Though computers made it faster and cheaper to find and disclose documents, the volume of discoverable documents has infinitely increased, inspiring overwhelming production requests that courts must weigh when issuing discovery orders.
As outlined in a WLF Legal Backgrounder, those burgeoning electronic discovery (or e-discovery) demands inspired the U.S. Judicial Conference to amend the Federal Rules of Civil Procedure in 2015. Among other changes, the amendments altered the scope of discovery under Rule 26 by imposing a stricter proportionality test for e-discovery. Continue reading “Federal Court Offers an Exemplar on Defusing the E-Discovery Litigation Weapon”