Webinar on Commentary on Proportionality in Electronic Discovery, 2017 Public Comment Version

Time: 1 pm Eastern/10 am Pacific, 90 minutes If you have missed the registration deadline for the live webinar, please register for the on-demand recording, which will be available approximately 24 hours after the webinar has aired The Sedona Conference Webinar on Commentary on Proportionality in Electronic Discovery, 2017 Public Comment Version Enshrined in the 2015 amendment to Federal Rule of Civil Procedure 26(b)(1), proportionality standards emphasize the need for a reasoned and collaborative approach to discovery advocacy. Proportionality has been called the lynchpin to successful discovery strategies and the key to effective litigation practices. One of the significant questions surrounding litigation in 2017 is whether counsel and clients are addressing matters consistent with proportionality standards. Until recently, relatively few courts and even fewer lawyers were focused on the benefits that proportionality offers. While the 2015 amendment has sparked a change in awareness, additional resources are still needed to help the bar and bench adopt proportional discovery practices that enable "efficient access" to information while eliminating "wasteful or unnecessary discovery." To this end, The Sedona Conference Working Group 1 on Electronic Document Retention & Production has just published for public comment a third iteration of its Commentary on Proportionality. Building on the original and updated proportionality commentaries that Sedona published in 2010 and 2013, the Commentary provides guidance on the reasonable application of proportionality standards that should enable effective discovery practices. The Commentary is available here and the public comment period is open until January 31. We invite you to listen to a panel of speakers who helped develop the Commentary as they spotlight some of its key aspects that should enable more proportional discovery. The topics of discussion include the following: Practical tips on the application of proportionality in the context of preserving relevant electronically stored information The proportional use of discovery tools such that they are wielded tactically as a scalpel and not as a sledgehammer How reasonable metrics, dilatory tactics, nonmonetary resources, and technology affect the application of proportionality in a given case The webinar is scheduled for 90 minutes, during which time you may text your questions to the panel, who will endeavor to address all that time allows. CLE credit: The Sedona Conference does not apply for CLE accreditation for webinars, but registrants may submit documentation to their respective state CLE office for potential credit. You can view system requirements here. Host Kenneth J. Withers, The Sedona Conference, Phoenix, AZ Moderator Philip Favro, Driven, Alpine, UT Panelists Bobbi Basile,HBR Consulting, Middletown, VA Hon. James C. Francis IV,U.S. Magistrate Judge,Southern District of New York, New York, NY Alan Geolot,Sidley Austin LLP, Washington, DC