Over the past decade, proportionality has become a defining feature of federal discovery practice, particularly in the context of electronically stored information (ESI).
As courts continue to wrestle with Rule 26(b)(2)(B), a trend of parties using proportionality as a barrier to e-discovery production emerges. Under Rule 26(b)(2)(B), the Federal Rules of Civil ...
Ina vom Feld and other partners at Simmons & Simmons consider how courts across Europe take the proportionality requirement in the Enforcement Directive into account when deciding whether to grant a ...