Everything in Moderation: Proportionality in eDiscovery
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Everything in Moderation: Proportionality in eDiscovery

When: Wednesday, April 25th, 2018
1-2 PM ET
Where: United States
Contact: ACEDS Customer Service

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On December 1, 2015, the most significant amendments to the Federal Rules of Civil Procedure became effective since the 2006 amendments that made the era of electronically-stored information official.  Among the rules revised was Federal Rule of Civil Procedure (“FRCP”) 26(b)(1), which defines the scope of discovery.  The change brought the existing-but-overlooked concept of proportionality front and center in an attempt to combat the runaway cost and scale of discovery in the digital era.

This amended version now incorporates a multi-factor proportionality test directly into the general discovery scope definition and places “proportional” on equal footing with “relevant” as a discoverability criteria. 

So, in the two years since this amendment became effective, has the role of proportionality in discovery actually changed?  How are courts applying the multi-factor proportionality test now enshrined in FRCP 26(b)(1)?  Have objections based on proportionality been successful?

In this free, educational webinar, XDD Director of Education Matthew Verga, JD, will explore those questions through a survey of recent case law and available guidance, including:

  • The specific changes made to FRCP 26(b)(1)
  • A dozen proportionality decisions from 2016 and 2017
  • Key takeaways from the available case law
  • Guidance on incorporating proportionality



Matthew Verga, JD
Director, Education and Content Marketing
Xact Data Discovery

Matthew Verga is an electronic discovery expert proficient at leveraging his legal experience as an attorney, his technical knowledge as a practitioner, and his skills as a communicator to make complex eDiscovery topics accessible to diverse audiences. An eleven-year industry veteran, Matthew has worked across every phase of the EDRM and at every level from the project trenches to enterprise program design. He leverages this background to produce engaging educational content to empower practitioners at all levels with knowledge they can use to improve their projects, their careers, and their organizations.

Mary Mack
Executive Director

Mary is known for her skills in relationship and community building as well as for the depth of her e-discovery knowledge. Frequently sought out by media for comment on industry issues, she has spoken at venues including Gartner Symposium, the American Bar Association International Law Committee, the Association of Corporate Counsel annual conference, and others. Mary is the author of A Process of Illumination: The Practical Guide to Electronic Discovery, considered by many to be the first popular book on e-discovery. She is the co-editor of the Thomson Reuters West treatise, eDiscovery for Corporate Counsel. Prior to joining ACEDS, Mary most recently served in a leadership role for ZyLab, a global provider of e-discovery and intelligent information governance software. Before that, she was with Fios, Inc. a provider of e-discovery services to Fortune 1,000 corporations and major law firms. A member of the Illinois State Bar, Mary received her bachelor’s degree from Le Moyne College and her law degree from Northwestern University School of Law.

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