The Sedona Conference Commentary on Proportionality – Proportionality Series, Part 7
A multi-part series reviewing decisions on proportionality in eDiscovery since the December 2015 amendments to the Federal Rules of Civil Procedure
by Matthew Verga, JD, Xact Data Discovery
In the first Part of this series, we reviewed the amendments made to Federal Rule of Civil Procedure 26(b)(1) in December 2015. In the second Part, we reviewed one of the first decisions applying the amended rule. In the third Part, fourth Part, and fifth Part, we reviewed relevant cases from 2016 and 2017, and in the sixth Part, we pulled together the key points from our case law survey. In this Part, we begin our review the Sedona Conference’s guidance.
The Sedona Conference
For any unfamiliar with it, the Sedona Conference is a non-profit organization dedicated to advancing legal practice and the law “in a reasoned and just way” through dialogue, research, and writing by experienced practitioners and industry leaders. The organization’s publications have been and continue to be influential, particularly in eDiscovery. The Sedona Conference’s Working Group 1 first met to begin developing principles for eDiscovery in October 2002, and “[w]hile still in draft form, the First Edition influenced the development of the law and was cited in the landmark case of Zubulake v. UBS Warburg, 229 F.R.D. 422, 440 (S.D.N.Y. 2004).”