The New Rules - The New Reality
At 2016 PREX, the premier conference for in-house e-discovery professionals, expert panelists discuss the changes to Rule 26(b)(1) incorporating proportionality and 37(e) addressing sanctions, and how counsel can prepare for and respond to litigation.
As data has grown, the cost of e-discovery has risen. Battles over proportionality have been an issue regularly presented before the court in hopes of reducing the scope of discovery for the past 30 years. The amended FRCP rules however, have put a renewed focus on the concept of proportionality and it has been regarded as good for the process and representative of a step in the right direction.
While the duty to preserve is always present and spoliation can lead to sanctions, the completely rewritten Rule 37(e) guides what sanctions can be applied and under what conditions and seeks to cure the situation.
At the 2016 PREX, panelists discussed: