New Rules for Proportionality and Sanctions in E-Discovery
Hosted by Covington & Burling LLP
Location, or Event type:
New Rules for Proportionality and Sanctions in E-Discovery
Workshop, Hosted By Covington & Burling LLP
Wednesday, March 2, 2016 - 5:00 AM
The recent amendments to the Federal Rules of Civil Procedure (the “Rules”) include changes to the proportionality doctrine and standards for imposing sanctions during e-discovery. These changes have the potential to reduce the burden of e-discovery and provide litigants better clarity regarding sanctionable conduct. However, their implementation will likely give rise to many questions, including the burden of proof underlying the proportionality doctrine and the role of negligence when assessing e-discovery sanctions. Please join us as we explore these questions and discuss the impact of the recent amendments on e-discovery.
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New proportionality considerations under the revised Rule 26(b)(1) |
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The role of discovery costs and the burden of proof in the proportionality analysis |
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Using the renewed emphasis on proportionality to reduce the scope of discovery |
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Rule 37(e)’s expanded safe harbor provision |
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The need for prejudice or intentional destruction for sanctions |
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Recent case law applying the amendments to the Rules |
