The eDiscovery frenzy that has gripped the American legal system over the past decade has become increasingly expensive. Particularly costly to both clients and the courts is the process of preserving and reviewing ESI. As a solution to these costs, many are emphasizing the concept of “proportionality.” Proportionality typically requires that the benefits of discovery be commensurate with its corresponding burdens.
Despite nearly universal agreement that eDiscovery should be governed by proportionality standards, there remains a polarizing debate that threatens to curtail the impact of proportionality. That debate is centered on disagreements over the scope of ESI preservation, the standard for permissible discovery and the use of cutting edge review technologies like predictive coding.
To better understand these issues and to explore feasible solutions, Philip Favro, Discovery Counsel at Symantec, will lead a lively discussion at LegalTech New York among industry leaders such U.S. Magistrate Judge Frank Maas, Ariana Tadler of Milberg LLP and Shawn Cheadle, General Counsel (Military Space) at Lockheed Martin Space Systems Co. The panelists will take stances on either side of difficult questions like:
- Should proportionality standards apply to the preservation of ESI to help address the high costs of retaining so much data?
- Will the proportionality rule ever be used to rein in lawyers and judges that have distorted the standard of discovery from reasonableness to perfection?
- Can predictive coding facilitate proportional discovery when lawyers are unwilling to share their training set of documents?
While our expert panelists are well-versed in both sides of the proportionality debate, we had a little fun imagining what they might be going through before they take the stage on Tuesday, January 29th. Watch this video to get an exclusive behind-the-scenes look into the LTNY Locker Room.
In addition, don’t miss our microsite for the complete plenary session description and a look at Symantec’s LTNY 2013 presence. We hope you stay tuned to eDiscovery 2.0 from now until the show to hear what Symantec has planned for the supersessions, our special event, contest giveaways and product announcements.